Regular bail petition by accused in a POCSO, kidnapping, rape and SC/ST Atrocities case. The court noted his prior conviction in another sessions case, alleged attempt to threaten the victim from jail and jail misconduct, and dismissed the petition while directing expeditious trial.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10158 OF 2024
BETWEEN:
SACHIN S. S/O SHIVAKUMAR AGED ABOUT 21 YEARS, ADDRESS - 6TH CROSS, NEAR RAGHAVENDRA TALKIES, INDIRA NAGARA, HARIHARA TOWN, DAVANAGERE DISTRICT.
…PETITIONER
(BY SRI. M.R. HIREMATHAD, ADVOCATE) AND:
Digitally signed by REKHA R Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 SRI. NAGENDRA B., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.263/2023 (CRIME NO.164/2022) REGISTERED BY THE DAVANAGERE WOMEN POLICE STATION PENDING ON THE FILE OF THE
HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC I DAVANAGERE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 366-A, 376-2-n OF IPC AND SECTION 6 OF POCSO ACT AND SECTIONS 3(2)(v-a), 3(1)(w), 3(2)(v) OF SC/ST (POA) BILL 2015, SECTION 9 OF CHILD MARRIAGE RESTRAINT ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Spl.C.No.263/2023 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Davanagere, arising out of Crime No.164/2022 registered by Davanagere Women Police Station, Davanagere, for the offences punishable under Sections 366(A) & 376(2)(n) of
IPC and Section 6 of Protection of Children from sexual Offences Act, 2012 (for short, 'POCSO Act'), Section 9 of the Child Marriage Act and Sections 3(2)(v-a), 3(1)(w) & 3(2)(V) of SC and ST (Prevention of Atrocities) Act, 1989, is before this Court under section 439 of Cr.P.C., seeking regular bail.
NC: 2024:KHC:46953 CRL.P No. 10158 of 2024
Davanagere Women Police Station, Davanagere, initially against unknown person for the offence punishable under Section 363 of IPC, on the basis of first information dated 22.12.2022, submitted by respondent No.2, who is the mother of the victim girl aged about 14 years 6 months. During the course of investigation, the petitioner herein was arrested in the present case on 28.01.2023, and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against petitioner for the aforesaid offences.
examined before the trial Court and therefore there cannot be in apprehension of tampering with the prosecution witnesses. He submits that considering the aforesaid aspects of the matter petitioner's prayer for grant of regular may be allowed.
NC: 2024:KHC:46953 CRL.P No. 10158 of 2024
background of the petitioner and his behavior in jail, threat to the charge sheet witnesses cannot be ruled out. Accordingly, they pray to dismiss the petition.
submission made by the prosecution that the petitioner had tried to threaten the victim girl and he had summoned the victim girl to the jail. The first informant and the victim girl had appeared before the Court and submitted that brother of the accused/petitioner had taken the victim girl to the jail and in the jail the victim was pressurized to say no objections to the bail application. The Public Prosecutor has also brought to the notice of the trial Court that the accused/petitioner had troubled the co-prisoners in jail and therefore subsequently he was shifted to Shivamogga jail. The trial Court has also taken note of the submission made by the learned Public Prosecutor that the petitioner had also made an attempt to escape from the jail.
other witnesses cannot be completely ruled out. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail cannot be entertained.
SD/(S VISHWAJITH SHETTY) JUDGE
ASN List No.: 1 Sl No.: 47
1 issue framed by the court
Whether a regular bail should be granted to the accused aged about 21 years in a POCSO and SC/ST Atrocities case given his prior conviction and alleged misconduct in jail.
6 provisions across 5 enactments
Sachin S.
State of Karnataka by Davanagere Women Police, Davanagere District
XXXX
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
