Accused No.1 sought bail under Section 439 Cr.P.C. in a POCSO and IPC case alleging repeated penetrative sexual assault on a minor victim. The court found strong prima facie material, noted the petitioner denied the offences despite the informant's affidavit supporting bail, held release could affect trial evidence, and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 1995 OF 2024
BETWEEN:
BHUVAN S., S/O SUSHEELAPPA, AGED ABOUT 22 YEARS, 'SRIDEVI KRUPA', GOPALA MAIN ROAD, SHIVAMOGGA CITY 577 205
…PETITIONER
(BY SRI. MANJUNATHA L S., ADVOCATE)
AND:
Digitally signed by YAMUNA K L Location: High Court of Karnataka
NC: 2024:KHC:23124 CRL.P No. 1995 of 2024
CHANNAGIRI TALUK, DAVANAGERE DISTRICT.
…RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. K.V. SATHISH CHAUDRA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION OF THE PETITIONER/ACCUSED NO.1 TO ENLARGE HIM ON BAIL IN SPL.C.NO.02/2024 (IN CR.NO.485/2023) FILED BY THE CHANNAGIRI POLICE STATION, CHANNAGIRI, FOR THE OFFENCE P/U/S 376(2)(n) OF ILPC, 1860 AND 509 OF IPC, 1860, PENDING ON THE FILE OF THE COURT OF ADDL. DIST. AND SESSIONS JUDGE, FTSC-1 AT DAVANGERE, BY CONSIDERING HIS PREPARED PARTICIPATION IN THE TRIAL PROCEEDINGS FOR HIS REBUTTAL CONTENTION AGAINST THE FALSELY IMPLICATED ACCUSATIONS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.1is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.485/2023 of Channagiri Police Station, pending in Special Case No.2/2024 on the file of the learned Additional District and Sessions Judge, FTSC I at Davanagere registered for the offences punishable under Section 376(2) and 509 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 4, 6 and 17 of POCSO Act,
NC: 2024:KHC:23124 CRL.P No. 1995 of 2024
on the basis of the first information lodged by the informant viz., Malashree.
the petitioner and Sri.Rahul Rai K., learned High Court Government Pleader for the respondent -State. Perused the materials on record.
learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled
for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Negative’ for the following:
R E A S O N S
grant of bail. He was apprehended on 05.11.2023 and since then, he is in judicial custody. The mother of the
victim lodged the first information making specific allegations against accused Nos.1 to 3.
statement of objections and also the affidavit of the
informant, where there is reference to the joint meeting and an undertaking by the petitioner to marry the minor girl after she attains majority and therefore, the informant has no objection to allow the petition. But it is pertinent to note that the learned counsel for the petitioner makes candid submission before the court that a false complaint
came to be filed by the mother of the victim and the petitioner has not committed any of such offences. The stand taken by the petitioner goes a long way while considering the affidavit filed by the informant.
NC: 2024:KHC:23124 CRL.P No. 1995 of 2024
8. Accordingly, I answer the above point in the
negative and proceed to pass the following:
ORDER
The petition is dismissed.
Sd/JUDGE
SS List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the accused was entitled to regular bail under Section 439 Cr.P.C. in a POCSO case involving repeated penetrative sexual assault on a minor.
4 provisions across 3 enactments
Bhuvan S.
State of Karnataka
Smt. Malashree
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
