A bail petition under Section 439 Cr.P.C. for offences under Section 376 IPC and Sections 4 and 8 POCSO, filed while the trial was at its fag end with the victim having supported prosecution evidence, was rejected as devoid of merit.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION No.1468 OF 2024
BETWEEN:
SRI NARAYANASWAMY M S/O SRI MUNIRAJU, AGED ABOUT 23 YEARS, R/AT MALLISHETTIPURA VILLAGE AND TALUK, SHIDLAGHATTA DISTRICT, CHIKKABALLAPURA PIN 562105
…PETITIONER
(BY SRI B VISWESWARAIAH, ADVOCATE)
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -560001
…RESPONDENTS
(BY SRI B.LAKSHMANA, HCGP)
NC: 2024:KHC:14354 CRL.P No. 1468 of 2024
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.0334/2022, FOR THE OFFENCE P/U/S 376 OF IPC, 1860 AND SECTIONS 4 AND 8 OF POCSO ACT, REGISTERED BY RESPONDENT NO.1, SHIDDLAGATTA, RURAL POLICE SRINIVASPURA POLICE STATION, NOW PENDING TRAIL IN SPECIAL S.C.NO.17/2023 BEFORE THE ADDL. DISTRICT AND SESSIONS COURT, JUDGE, FTSC-I AT CHIKKABALLAPURA.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under
Section 439 of Cr.P.C. to enlarge him on bail in Spl.S.C. No.17/2023 arising out of Cr.No.334/2022 of Shiddlaghatta Rural Police Station, Chikkaballapura District, for the offences punishable under Sections 376 of IPC and Sections 4 & 8 of Protection of Children from Sexual Offences Act, pending on the file of the Additional District and Sessions Judge, FTSC-I at Chikkaballapura.
and the learned HCGP for the respondent-State.
3. The allegations of the prosecution disclose
that, on 23.12.2022 at 7.00 p.m., the victim having
taken both in bath room of her house, came out and at that time, the accused who creeped into the house of the victim by scalling bath room wall and caught hold of the victim and when she tried to alarm, he gagged her mouth, twisted her both hands and later undressed her and committed penetrative sexual assault. The victim being aged 15 years, could not resist the power of the accused and when the mother of the victim entered into the house, the accused fled away and as such, the mother of the victim lodged a complaint in this regard. On the basis of the complaint, the petitioner was arrested and was remanded to custody. Subsequently, after completing investigation, the Investigating Officer has submitted the charge sheet against the accused for the offences
NC: 2024:KHC:14354 CRL.P No. 1468 of 2024
punishable under Section 376 of IPC and Sections 4 &
8 of the POCSO Act.
and proceeded with the trial. It is also submitted that, the major portion of the trial is concluded and only the official witnesses are required to be examined. Hence,
it is evident that the trial is virtually at the fag end.
also recorded the demeanour of the witnesses, who was under shock while recollecting the incident. This
itself discloses the trauma under which the victim has undergone while suffering the sexual assault. Further, the victim was hardly 15 years when the offence said to have committed. The merits and demerits of the
evidence recorded during the trial cannot be looked into at this juncture and the records clearly disclose
that victim has supported the case of prosecution. Further, the complainant is also an eyewitness and as
she stated in the complaint that, she saw the petitioner fleeing from the spot, when the complainant returned to her house.
circumstances, and considering the fact that the trial is in progress, question of entertaining the petition filed by the petitioner by admitting him on bail, does not arise at all. Hence, the petition being devoid of
NC: 2024:KHC:14354 CRL.P No. 1468 of 2024
any merits, does not survive for consideration and
accordingly, it stands rejected
Sd/JUDGE
KGR List No.: 1 Sl No.: 27
1 issue framed by the court
Should the petitioner be granted bail under Section 439 Cr.P.C. during an ongoing POCSO trial that is at its final stage?
2 provisions across 2 enactments
Narayanaswamy M
State by Karnataka rep. by the Station House Officer, Shidlaghatta Rural Police Station
Pushpa
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
