JUDGMENT Shivashankar Amarannavar, J. - This petition has been filed by accused No.1 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.190/2019 of Yamakanamaradi Police Station (S.C.No.434/2019 pending on the file of III Additional District and Sessions Court, Belagavi), registered for the offences punishable under Sections 363, 376, 120B, 504, 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 4, 6, 8 and 12 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC & ST Act', for short). 2. It is the case of the prosecution that, one Smt.Shobha, wife of Ramesh Talawar, filed written complaint against the petitioner and two others in Yamakanamaradi Police Station and the same came to be registered in Crime No.190/2019 for the aforesaid offences. It is stated in the complaint that, the complainant is residing along with her husband and daughters and the victim girl is studying in B.A.1st year in Hukkeri. It is further alleged that, the complainant noticed her daughter victim talking to Sharif Killedar (petitioner/accused No.1) and upon enquiring her daughter had told her that she is in love with the petitioner/accused No.1 since two years. They warned her to stop all this and she told that the petitioner belongs to Muslim community and they belong to lower community and the name of family will be spoiled. In spite of this, victim continued the relationship. The complainant decided to keep the victim girl in the house of her younger brother so that she cannot meet the petitioner. When the complainant's relative Vijay Maruti Kainavar had been to the house of the petitioner, accused No.2 and 3 i.e., brothers of the petitioner insulted, abused them in filthy language and sent to them back. Therefore, the complainant decided to send the victim to some other place. On 20.09.2019 at 7.00am the victim had gone to college and did not return in the evening, so, the complainant, her husband along with others searched for her but could not find her. They also searched for the petitioner and he also could not be traced. Therefore, the complainant decided to send the victim to some other place. On 20.09.2019 at 7.00am the victim had gone to college and did not return in the evening, so, the complainant, her husband along with others searched for her but could not find her. They also searched for the petitioner and he also could not be traced. So they suspected that the petitioner has kidnapped the victim. They discussed about the incident in the house and wanted to give complaint, at that time, they got news that her daughter has come to Yamakanamaradi Police Station. They went to Yamakanamaradi Police Station and enquired with her and she told them that the petitioner had taken her on 20.09.2019 at 1.00 pm from Hukkeri college to Poona and on the night of 21.09.2019 he had forcible sexual intercourse with her and they both came to Belagavi Sub-Registers Office for registration of their marriage but it could not be registered as she had not completed 18 years as she was less by three months and therefore the petitioner has sent her to Yamakanamaradi Police Station. The complainant has filed complaint alleging that the petitioner/accused No.1 belonging to Muslim community kidnapped her daughter-the victim, who was minor, knowing very well that she belonged to SC community and his brothers-accused No.2 and 3 have also supported accused No.1. The said complaint came to be registered in Crime No.190/2019 for the aforesaid offences. The petitioner came to be arrested on 24.09.2019. Chargesheet has been filed for the offences punishable under Sections 363, 376, 120B and 504 read with Section 34 of IPC and Sections 4, 6, 8 and12 of POCSO Act and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC & ST Act. Now the case is pending in SC No.434/2019 on the file of the learned III Additional District and Sessions Court Belagavi. The petitioner filed Crl.Misc No.876/2020 seeking bail before III Addl. District and Sessions Court Belagavi and same came to be rejected on 10.07.2020. Accused Nos.2 and 3 have been granted bail by the learned III Addl. District and Sessions Court, Belagavi by order dated 18.10.2019. Therefore, the petitioner is before this Court seeking bail. 3. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. Accused Nos.2 and 3 have been granted bail by the learned III Addl. District and Sessions Court, Belagavi by order dated 18.10.2019. Therefore, the petitioner is before this Court seeking bail. 3. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. It is the submission of the learned counsel for the petitioner/accused No.1 that, on looking to the averments in the complaint, it is clear that, there is love affair between the petitioner/accused No.1 and victim. It is his further submission that, the victim girl voluntarily went along with the accused. It is further submission that, on looking to the medical certificate of the victim, there are no external injuries over her body. It is his further submission that, as per medical certificate, dental age of the victim girl is 17-18 years and skeletal age is 18-19 years. It is his further submission that, the statement of the victim girl has been recorded under Section 164 of Cr.P.C. and she has stated regarding her love affair with the petitioner/accused No.1. It is his further submission that, charge-sheet has been filed and therefore the petitioner/accused No.1 is not required for any further custodial interrogation. It is his further submission that, accused Nos.2 and 3 have been granted bail by the trial court. With this, he prayed to allow the petition. 5. Per contra, learned High Court Government Pleader submitted that the age of victim girl is 17 years 09 months as on the date of the incident and her date of birth is 24.01.2002. It is her further submission that, on looking to the statement of the victim girl recorded under Section 164 of Cr.P.C., the petitioner/accused No.1 has abducted and committed sexual assault on her and tried to marry her before the Sub-Registrar Belagavi. It is her further submission that, if the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, she prayed to reject the petition. 6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge-sheet records. It is her further submission that, if the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, she prayed to reject the petition. 6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge-sheet records. On going through the statement of the victim girl recorded by the police and also recorded by the Judicial Magistrate under Section 164 of Cr.P.C., it is clear that, she has love affair with the petitioner/accused No.1 and she voluntarily went along with him to Poona and other places. The age of the victim is 17 years 09 months as on the date of the incident. The victim girl is of the age of understanding the consequences of her acts. The Doctor, who examined the victim girl has stated that, she has no external injuries. The Doctor, who examined the victim girl, has opinion of her dental age is 17-18 years and skeletal age is 18 -19 years. 7. It is well settled that matters to be considered in an application for bail are: "(i) Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, of course, of justice being thwarted by grant of bail. While a vague allegation that the accused may tamper with the evidence or witnesses, may not be a ground to refuse bail, if the accused is of such character that his mere presence at large would intimidate the witnesses or if there is material to show that he will use his liberty to subvert justice or tamper with the evidence, then bail will be refused." 8. In a decision in the case of Dataram Singh v. State of Uttara Pradesh and Another, (2018) 3 SCC 22 , the Hon'ble Apex Court held as under: "A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. In a decision in the case of Dataram Singh v. State of Uttara Pradesh and Another, (2018) 3 SCC 22 , the Hon'ble Apex Court held as under: "A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society." 9. In the present case, investigation is completed and charge sheet has been filed. No grounds have been made out by the prosecution to show that the custodial interrogation of the petitioner is necessary. The petitioner is aged 23 years and if he is detained in judicial custody, he may come in contact with hardened criminals. The petitioner is the resident of the address shown in the cause title and the same is not disputed. The main objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause threat to the complainant and other prosecution witnesses. The said objection may be set right by imposing stringent conditions. 10. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following: ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.190/2020 of Yamakanamaradi Police Station subject to the following conditions: i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.190/2020 of Yamakanamaradi Police Station subject to the following conditions: i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court. Due to COVID-19, the petitioner is permitted to furnish surety within two months. If circumstances arise, the jurisdictional Court is permitted to extend the period for furnishing surety. ii ) The petitioner/accused No.1 shall not indulge in tampering the prosecution witnesses. iii) The petitioner/accused No.1 shall attend the Court regularly and co-operate in speedy disposal of the case.