Criminal petition under Section 439 Cr.P.C. seeking bail for accused in rape POCSO case. Court dismissed petition as DNA report proved petitioner is father; offence against minor proved beyond doubt; bail not desirable.
Petition for bail dismissed. Petitioner not entitled to enlargement on bail.
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NC: 2023:KHC-D:12500 CRL.P No. 101647 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 101647 OF 2023 (439-)
BETWEEN:
SIDDAPPA S/O CHANDAPPA MAGADI AGE: 38 YEARS, OCC: AGRICULTURIST, R/O: SHIRAHATTI, DIST: GADAG.
…PETITIONER
(BY SRI. SACHIN C ANGADI, ADVOCATE)
AND:
THROUGH SHIRAHATTI POLICE STATION, SHIRAHATTI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD.
Digitally
signed by V
N
V N BADIGER
BADIGER Date:
2023.11.25
13:20:22
+0530
…RESPONDENTS
(BY SRI. PRAVEENA Y DEVAREDDIYAVARA, HCGP FOR R1; R2-NOTICE SERVED)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED/PETITIONER ON REGULAR BAIL IN SC NO.82/2022 (CRIME NO.150/2022) REGISTERED BY SHIRAHATTI PS, SHIRAHATTI, FOR THE OFFENCES P/U/SEC. 376(2)(N) (M) OF IPC AND SEC. 4, 6 OF POCSO ACT, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC-D:12500 CRL.P No. 101647 of 2023
ORDER
Heard Shri Sachin C.Angadi, learned counsel for the petitioner and Shri Praveena Y. Devareddiyavara, learned High Court Government Pleader for the respondent-State.
2. Brief facts of the case:
A complaint is filed by the mother of the victim stating that her daughter has not undergone regular menstrual period even after lapse of 3-4 months. When it was questioned by the complainant, the victim has narrated that the petitioner committed rape on the pretext of promise to marriage. Being afraid of the image in the society, the complainant kept quiet for a longer period. On 02.11.2022, the victim gave birth to a male child. After the victim gave birth to a child, the petitioner refused to marry her. Therefore, a complaint came to be registered on 02.11.2022. The respondent-police have registered a case in Crime No.150/2022 for the offences u/sec.376(2)(i) of IPC and Sections 4 and 6 of the POCSO Act.
NC: 2023:KHC-D:12500 CRL.P No. 101647 of 2023
rape has not been committed by the petitioner. The DNA report has not been obtained by the Investigating Officer. Mere statement of the victim is not sufficient to implicate the petitioner in such cases.
NC: 2023:KHC-D:12500 CRL.P No. 101647 of 2023
such submission, the learned HCGP prays to dismiss the petition.
ORDER
The petition is dismissed.
Sd/JUDGE
CLK
List No.: 1 Sl No.: 10
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a rape case involving a minor where DNA evidence confirms paternity.
Whether the petitioner can be enlarged on bail considering the gravity of the offence and pregnancy consequence.
1 provisions across 1 enactments
SIDDAPPA S/O CHANDAPPA MAGADI
STATE OF KARNATAKA
FAKKIRAVVA BASAPPA ADIN
S. Rachaiyah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
