Criminal petition against bail in a POCSO case allowed. Court noted prosecution witnesses turned hostile during trial and granted bail on stringent conditions including bond, sureties, and non-tampering.
Petitioner directed to be enlarged on bail in POCSO case taking a bond of Rs. 1,00,000 with two sureties and complying with strict conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:35691 CRL.P No. 7531 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION No.7531 OF 2023
BETWEEN:
IRFANULLA R S/O RAHAMATHULLA AGED ABOUT 35 YEARS, OCC. MASON WORK/LABOURER/WELDING WORK, RESIDENT OF GAYATHRI BHAVAN CIRCLE, BEHIND SAM SCHOOL, NURAMOHALLA, CHITRADURGA- 577 501.
…PETITIONER
(BY SR P.B.UMESH FOR SRI R B DESHPANDE, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI B.LAKSHMANA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.POCSO.No.170/2022(CR.No.84/2022) OF CHITRADURGA WOMEN P.S., CHITRADURGA FOR THE OFFENCE P/U/S 323, 366,376(2)(n), 354(b),114,504,506, 279, 337,338, 498(A) R/W 34 OF IPC AND SEC.4,6,17 OF POCSO ACT AND SEC.9,10,11 OF PROHIBITION OF CHILD MARRIAGE ACT AND SEC.180,181 OF IMV ACT ON THE FILE OF THE SPL. II ADDL.DISTRICT AND SESSIONS JUDGE, CHITRDURGA.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri P.B.Umesh, counsel for Sri R.B.Deshpande, counsel for appellant and Sri B.Lakshmana, learned High Court Government Pleader.
“It is therefore prayed that this Hon’ble High Court may be pleased to enlarge the petitioner/accused No.1 on bail in Crime No.84/2022 of Chitradurga Women Police Station, Chitradurga, (charge sheeted for the offence punishable under Sections 323, 366, 376(2)(n), 354(B), 114, 504, 506, 279, 337, 338, 498(A) r/w 34 of IPC and Sections 4, 6, 17 of Protection of Child from Sexual Offences Act, 2012 and Sections 9, 10 and 11 of Prohibition of
NC: 2023:KHC:35691 CRL.P No. 7531 of 2023
Child Marriage Act and Section 180, 181 of IMV Act, 1988 now plending in Spl.C.POCSO No.170/2022 on the file of Spl. II Additional District and Sessions Judge, Chitradurga, pending the trial in the interest of justice.”
hand, continuation of the petitioner in judicial custody is no longer warranted. The other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions.
5. Accordingly, the following:
ORDER
NC: 2023:KHC:35691 CRL.P No. 7531 of 2023
Sd/-
JUDGE
kcm List No.: 1 Sl No.: 63
2 issues framed by the court
Whether to enlarge the petitioner on bail in a POCSO case given that the prosecution witnesses have turned hostile.
Whether strict conditions can mitigate the apprehensions of the prosecution regarding the petitioner on bail.
2 provisions across 2 enactments
IRFANULLA R S/O RAHAMATHULLA
THE STATE OF KARNATAKA
SMT. JAMILA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
