Dismissed

Laxman S/O Chandrappa Doni v. the State of Karnataka

Karnataka HC8 Sept 2021CRL.P/101168/2021

Case brief

AI extract

What is this about?

The High Court dismissed the successive bail petition filed under Section 439 CrPC for offences including rape of an 11-year-old child under Section 376AB IPC and Section 8 POCSO. The Court held that prolonged custody is not a ground for bail in such heinous crimes absent fresh grounds, rejecting the prayer to enlarge bail.

What did the court decide?

The criminal petition is dismissed; liberty granted to approach the Court after examination of material witnesses.

Laxman S/O Chandrappa Doni Vs the State of… — Child Sexual Offences (POCSO) | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE K. NATARAJAN

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CRIMINAL PETITION No.101168 of 2021

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BETWEEN

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LAXMAN, S/O. CHANDRAPPA DONI, AGED ABOUT 23 YEARS, OCC: COOLIE, R/O KIDADAL VILLAGE, TALUK AND DISTRICT: KOPPAL.

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... PETITIONER

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(BY SRI A.M. MALIPATIL, ADVOCATE throu’ VC )

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AND

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THE STATE OF KARNATAKA, THROUGH KOPPAL WOMEN POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD.

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... RESPONDENT

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(BY SRI RAVINDRA NAIK, HCGP for R.1/STATE. De facto complainant served & unrepresented)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN KOPPAL MAHILA POLICE, CRIME No.30/2020 AND SPECIAL SC POCSO No.45/2020 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 448, 376AB AND 376(1)(3) OF THE INDIAN PENAL CODE AND SECTIONS 4 AND 8 OF THE POCSO ACT, 2012.

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THIS CRIMINAL PETITION PERTAINING TO DHARWAD BENCH COMING ON FOR ORDERS through video conferencing THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The de facto complainant is served and

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unrepresented.

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This successive bail petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking grant of bail in Crime No.30/2020 registered by Koppal Women Police Station for the offences punishable under Sections 506, 448, 376AB, 376(1)(3) of IPC and Sections 4 & 8 of POCSO Act, 2012.

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Heard learned counsel for the petitioner and learned High Court Government Pleader.

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The case of the prosecution is that the complainant Hanamappa Dandinavar, the father of the victim, filed a complaint to the Police on 11.09.2020 alleging that his daughter aged 11 years has been raped by the accused on 11.09.2020 when she was alone in the house. The investigation is completed and charge sheet has been filed. Previously, this Court rejected the bail petition of the petitioner as it was withdrawn.

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On perusal of the record, the charge sheet reveals that there is sufficient material to show that this petitioner has committed the offence of rape on the child aged about 11 years. Though the petitioner is in custody for more than one year, that itself is not a ground for granting bail in a heinous crime like rape committed on a child aged about 11 years. Therefore, I hold that there is no fresh ground to grant bail to this petitioner at this Stage. Hence, the criminal petition is liable to be dismissed.

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Accordingly, the criminal petition is dismissed. However, liberty is granted to the petitioner to approach the Court after examination of the material witnesses including the victim.

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Sd/JUDGE

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Laxman S/O Chandrappa Doni v. the State of Karnataka

Case brief

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What did the court decide?

Laxman S/O Chandrappa Doni v. the State of Karnataka

Case brief

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What did the court decide?

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