Petition under Section 439 Cr.P.C. for bail in a case involving rape of a fifteen-year-old victim under IPC and POCSO. The court found the delay in lodging the complaint immaterial at the bail stage, noted serious allegations and medical findings, and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2024 BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2099 OF 2024
BETWEEN:
SANTHOSH MALLUR NAGARAJ @ SANTHOSH S/O NAGARAJ, AGED ABOUT 42 YEARS, R/AT NO 332, SHRUSHTI HOMES, FLAT NO 41, 4TH FLOOR, 8TH MAIN, NEW THIPPASANDRA, BENGALURU-560075
…PETITIONER
(BY SRI. M.T. NANAIAH, SR. ADVOCATE FOR SRI.KESHAV R AGNIHOTRI., ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: high court of karnataka
…RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1 R2 SERVED)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.20/2024 REGISTERED BY JEEVAN BHEEMANAGRA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 376 OF IPC AND SEC.6,8,12 OF POCSO ACT 2012.
NC: 2024:KHC:18859 CRL.P No. 2099 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused is before this Court seeking grant
of bail under Section 439 of Cr.PC in Crime No.20/2024 of Jeevan Bheema Nagar Police Station, pending on the file of the learned Additional City and Sessions Jude, FTSC-III, Bengaluru, registered for the offences punishable under Sections 376 of Indian Penal Code, 1980 ('IPC' in short), and Section 6, 8 and 12 of Protection of Children from Sexual Offences Act 2012 ('POSCO' Act in short) and also 3(1) (R) (S) (W), 3(2) (V) (A) SC/ST Act 1989, on the basis of the first information lodged by the informant- Vennila.
“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
not be believed and hence, the petitioner is entitled for grant of bail.
on the body of the victim will not rule out commission of the offence. It is to be noted that the petitioner is aged 42 years. Even though it is contended that accused No.2 is already enlarged on bail, the order enlarging accused No.2 is not produced before the Court. Considering all these facts and circumstances and also the seriousness of the offence, I am of the opinion that the petitioner is not entitled for grant of bail.
ORDER
The petition is dismissed.
Sd/JUDGE
SPV
List No.: 1 Sl No.: 8
1 issue framed by the court
Whether the petitioner-accused was entitled to regular bail under Section 439 Cr.P.C. in a POCSO/IPC rape case?
4 provisions across 4 enactments
Santhosh Mallur Nagaraj @ Santhosh
The State by Jeevan Bheema Nagar Police Station rep. by State Public Prosecutor
Victim D/o Late Chandrashekar (minor), rep. by guardian
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
