Dismissed

Paramesha v. State of Karnataka

Karnataka HC6 Dec 2022CRL.A/946/2022

Case brief

AI extract

What is this about?

The Single Judge of the Karnataka High Court dismissed a criminal appeal against an order rejecting bail for a 53-year-old male accused of sexual intercourse with a 14-year-old girl. The girl had committed suicide after the assault. The court held that prima facie materials existed and dismissed the appeal.

What did the court decide?

The criminal appeal challenging the rejection of bail was dismissed.

Paramesha 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 6^TH DAY OF DECEMBER, 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.946 OF 2022

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BETWEEN:

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PARAMESHA S/O GADI NINGANNA @ NINGEGOWDA AGED ABOUT 53 YEARS R/O BOOKANAKERE VILLAGE AND HOBLI K R PETE TALUK MANDYA DISTRICT – 571 812 …APPELLANT

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(BY SRI.S.VENKATESH, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY K R PET RURAL POLICE MANDYA DISTRICT REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001

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SMT MAHADEVI W/O LATE MAHADEVA AGED ABOUT 33 YEARS R/O BOOKANAKERE VILLAGE AND HOBLI K R PETE TALUK MANDYA DISTRICT – 571812 …RESPONDENTS

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(BY SRI.MAHESH SHETTY, HCGP FOR R1; R2-NOTICE SERVED ON SON OF DEFACTO COMPLAINANT SINCE COMPLAINT IS ABSCONDING AS PER POLICE REPORT. UNREPRESENTED)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, PRAYING TO GRANT HIM BAIL IN SPL.CASE NO.39/2022 (REGISTERED BY K.R.PET RURAL

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:: 2 ::

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POLICE IN CR.NO.228/2021) FOR THE OFFENCE P/U/S 376(2)(n), 450, 305 OF IPC AND UNDER SEC.6 OF POCSO ACT AND UNDER SEC.3(1)(W)(i)(ii) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-II, MANDYA.

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THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard Sri Hanumaiah H C, learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1-State. The police report is that respondent No.2 is missing, however notice of this appeal was served on the son of the second respondent.

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This is an appeal filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act [‘SC/ST Act’ for short], challenging the correctness of the order dated 11.03.2022 passed by the Additional District and Sessions Judge, FTSC-II, Mandya in Spl.C.No.39/2022, rejecting the appellant’s application for bail under Section 439 of Cr.P.C.

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:: 3 ::

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The prosecution case is that on 24.11.2021, the daughter of the second

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respondent aged about 14 years complained of pain in the abdomen. The second respondent took her to hospital and came to know that her daughter had become pregnant. When she was questioned, she revealed that everyday during night hours the appellant used to come and have sexual intercourse with her. On 16.12.2021, when the second respondent returned to her house, she found her daughter dead having committed suicide. Therefore the second respondent made a complaint stating that the appellant was responsible for the suicide committed by her daughter. Investigation is completed. The age of the appellant is 53 years and the victim girl was 14 years.

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Though learned counsel for the appellant

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argues that the FSL report is negative with regard

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:: 4 ::

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to pregnancy, it is to be stated that because the pregnancy had been terminated, no traces of pregnancy could be detected. But it remains the fact that when the victim girl was taken to hospital by the second respondent, the girl was found to be pregnant. In this view there are prima-facie materials against the appellant/accused. The trial court has rightly rejected the application for bail. Therefore appeal is dismissed .

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Sd/JUDGE

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Kmv/-

Paramesha v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Paramesha v. State of Karnataka

Case brief

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What did the court decide?

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