This High Court disposed of an application for bail under Section 439 CrPC in a case involving attempted rape on a minor. Upholding an earlier rejection, the court dismissed the petition due to the grave nature of the offence and the risk of witness tampering.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2020
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.101907 OF 2019
BETWEEN
SHRI.SANTOSH S/O SHIVANAND JERAKAL AGE: 23 YEARS, OCC: COOLIE WORK, R/AT: NEGLI PETH, GULEDGUDDA, TQ: GULEDGUDDA, DIST: BAGALKOTE.
... PETITIONER
(BY SRI.GOURISHANKAR H MOT, ADV.)
AND
... RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1) (R-2 – SERVED)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/SOLE ACCUSED ON BAIL, FOR THE OFFENCES P/U/S 376, 354(A), 511 OF IPC & SEC. 8, 12 & 18 OF POCSO ACT, IN GULEDAGUDDA POLICE STATION CRIME NO.0084/2017 BEFORE THE 2ND ADDL. DIST. & SESSIONS JUDGE, BAGALKOTE IN SPL.CASE NO.214/2017.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, K.S.MUDAGAL, DELIVERED THE FOLLOWING:
-2- Crl.P.101907/2019
ORDER
Petitioner is facing trail in Spl.C.No.214/2017 on the file of II Additional District and Sessions Judge, at Bagalkote and Special Court for trial of the offences under Protection of Children from Sexual Offences Act, 2012 and the petitioner was charge sheeted in Crime No.0084/2017 of Guledgudda Police Station.
-3- Crl.P.101907/2019
petitioner is already in custody for two years four months and trial is not completed.
that CW-7 to CW-9 are eye witnesses and they are not turning up despite trial Court taking coercive steps. He further submits that there is no changed circumstance and if bail is granted, the petitioner is likely to tamper CW-7 to CW-9 who are his neighbours.
6. The trial Court is hereby requested to expedite
the trial and dispose off the matter as expeditiously as possible.
Sd/JUDGE
HMB
3 issues framed by the court
Whether bail be granted to a petitioner charging attempted rape on a minor child where earlier bail was rejected.
Whether the failure of eye witnesses to appear constitutes a changed circumstance for granting bail in a POCSO case.
Whether the gravity of the offence and fear of witness tampering preclude bail despite prolonged custody.
4 provisions across 2 enactments
SHRI.SANTOSH S/O SHIVANAND JERAKAL
THE STATE OF KARNATAKA
PRAKASH S/O BASAPPA ANGADI
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
