Dismissed

Vinodachar v. State of Karnataka

Karnataka HC22 Nov 2022CRL.A/1517/2022

Case brief

AI extract

What is this about?

In a criminal appeal under Section 14(A)(2) of SC/ST (POA) Act challenging rejection of bail under Section 439 Cr.P.C., the High Court declined to examine the merits using the charge sheet since it was unavailable when the lower court decided. The appeal was dismissed with liberty to re-approach the trial court.

What did the court decide?

Appeal dismissed; liberty given to approach trial court to apply for bail by producing the charge sheet.

Vinodachar Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF NOVEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL APPEAL NO.1517 OF 2022

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BETWEEN:

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Vinodachar, S/o Ramachandrachari, Aged about 35 years, R/at Shanthala Nagar, Hagare Village, Belur Taluk-573115.

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…Appellant

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(By Sri B.Chethan, Advocate for Sri H.T.Jagadeesh, Advocate)

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AND:

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State of Karnataka By Halebeedu Police Station, Belur Taluk-573115. Represented by State Public Prosecutor, High Court of Karnataka Bengaluru-560001.

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Rajini P., D/o Paramesh, Aged about 16 years, R/at Shanthala Nagar, Hagare Village, Madihalli Hobli, Belur Taluk-573115. Since she is minor, Represented by Natural Guardian/Mother

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:: 2 ::

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Smt. Padma, W/o Paramesh, Major, R/at Shanthala Nagar, Hagare Village, Madihalli Hobli, Belur Taluk-573115.

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…Respondents

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(By Sri Mahesh Shetty, HCGP for R1; R2 is a minor, hence notice served on R2’s father)

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This Criminal Appeal is filed under Section 14(A)(2) of SC/ST (POA) Act, praying to set aside the order dated 12.08.2022 passed by the Additional District and Sessions Judge, FTSC-1 at Hassan in Cr.No.94/2022 (Police Cr.No.153/2022) and etc.

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This Criminal Appeal coming on for admission this day, the Court delivered the following:

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JUDGMENT

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Heard Sri. B. Chethan, learned counsel for the appellant and the Government Pleader for respondent no.1. Respondent no.2 is served with notice, but she has not appeared.

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This is an appeal under section 14(A) 2 of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act [‘SC/ST (POA) Act’

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:: 3 ::

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for short] challenging the order dated 12.8.2022 passed by Addl. District and Sessions Judge, FTSCI, Hassan. The appellant applied for bail under section 439 Cr.P.C. and his application was rejected.

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The case pertains to subjecting a 16 year old girl to sexual harassment by the appellant.

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FIR was registered in Cr.No.94/22 for the offences under sections 323, 448, 354B IPC and sections 8 and 12 of POCSO Act.

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If the impugned order is perused, the trial

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court appears to be correct in declining bail to the appellant because the investigation was still pending at that time. Learned counsel for the appellant has filed a memo along with the charge sheet. If the appellant wants to claim bail based on the charge sheet, he must approach the trial court again because at the time when the trial court decided the application for bail, charge sheet

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:: 4 ::

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had not been filed. This court while sitting in appeal cannot look into the charge sheet because when the impugned order was passed, charge sheet was not available. So if I confine my examination of the impugned order, excluding the charge sheet, I must dismiss the appeal, for I find no grounds to allow it. In this view, appellant is given liberty to approach the trial court to apply for bail by producing the charge sheet. If the application is moved, the trial court must assess the charge sheet materials objectively for deciding the bail application. It is made clear that merely because the girl belongs to schedule caste, it cannot be a reason for invoking penal provisions under SC/ST (POA) Act. The court has to see genesis of the incident. With these observations, appeal is disposed of.

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JUDGE

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Sd/-

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Vinodachar v. State of Karnataka

Case brief

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Vinodachar v. State of Karnataka

Case brief

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