HIGH COURT OF KARNATAKA AT BENGALURU DATED…
The Trial Court is directed to release the petitioner on bail subject to executing a bond of Rs. 1,00,000 and complying with conditions against tampering and committing further offences.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1st DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.3665 of 2021
BETWEEN
MANJUNATHA D.E. S/O. SHIVANNA @ ERANNA, AGED ABOUT 26 YEARS, RESIDING AT BEHIND ANUPAMA SCHOOL, ANDRAHALLI MAIN ROAD, PEENYA 2ND STAGE, BENGALURU – 560 091, NATIVE OF K.T. HALLI VILLAGE, NIGAGALLU HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT – 572 116.
…PETITIONER
(BY SRI SUNIL KUMAR PATEL, ADVOCATE)
AND
…RESPONDENTS
(BY SRI K. NAGESHWARAPPA, HCGP for R-1)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.07/2021 (SPL.C.C. No.132/2021) REGISTERED BY KOLALA POLICE STATION, TUMAKURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(n) AND 506 OF THE INDIAN PENAL CODE AND SECTION 6 OF THE POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS through video conferencing THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking regular bail in Crime No.7/2021 registered by the Kolala Police Station for the offences punishable under Sections 376(2)(n) and 506 IPC and Section 6 of the POCSO Act.
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Korategere, with stomach pain. On examination of the victim girl, it was found that she was 32 weeks pregnant. On enquiry, she informed that the accused is the cause for her pregnancy. Since the victim is aged 17 years, information was given to CDPO, who in turn filed the complaint on 30.01.2021. Thereafter, the Police arrested the petitioner on 31.01.2021 and remanded him to judicial custody. His bail petition came to be rejected by the Sessions Judge. Hence, he is before this Court.
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child as on the date of the complaint. After the arrest, the petitioner is in custody for more than five months. The investigation is completed and charge sheet is filed. In view of the statement of the victim and as the family of the victim has not filed any complaint to the Police except going to the hospital for medical test, without expressing any opinion on the merits of the case, if the petitioner is released on bail by imposing certain conditions, no prejudice would be caused to the case of the prosecution. Hence, the following:
Order
Criminal petition is allowed.
The Trial Court is directed to release the petitioneraccused on bail in Crime No.7/2021 registered by the Kolala Police Station for the offences punishable under Sections 376(2)(n) and 506 IPC and Section 6 of the POCSO Act, subject to the following conditions:-
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Sd/JUDGE
mv
1 issue framed by the court
Whether the petitioner accused should be released on regular bail in a case involving offences under Section 376(2)(n) IPC and Section 6 of the POCSO Act.
3 provisions across 2 enactments
MANJUNATHA D.E. S/O. SHIVANNA @ ERANNA
STATE OF KARNATAKA BY KOLALA POLICE
AMBHIKA K.H.
K. NATARAJAN
As recorded by the court registry
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