Petitioner sought bail under Section 439 Cr.P.C. in successive application for offences punishable under IPC and POCSO Act. Court noted consistent failure of petitioner to appear or argue matter. Bail petition was dismissed due to accused's conduct and nature of charges.
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: 2024:KHC:22203 CRL.P No. 376 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION No.376 OF 2024
BETWEEN:
…PETITIONER
(BY SRI NAVEEN H M, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI CHANNAPPA ERAPPA, HCGP FOR R1/STATE; SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE FOR R2)
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C PRAYIING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.260/2021 OF HONNALI P.S., DAVANAGERE FOR THE OFFENCE P/U/S.366-A, 366, 376, 494, 114 R/W SECTION 34 OF IPC AND SECTION 4 AND 17 OF POCSO ACT AND SECTION 10 OF CHILD MARRIAGE ACT ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, (FTSC-I), DAVANAGERE IN S.C.NO.35/2022.
THIS CRL.P COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None present on behalf of the petitioner.
NC: 2024:KHC:22203 CRL.P No. 376 of 2024
However, dismissal of the petition would not come in the way of the petitioner in seeking fresh bail request, in
accordance with law.
Sd/JUDGE
kcm List No.: 3 Sl No.: 9
3 issues framed by the court
Whether to enlarge the petitioner on bail in successive bail application despite lack of consistent representation.
Whether the accused should be granted bail in charges of rape and child sexual abuse.
Whether a fresh bail petition can be filed after dismissal of the current one.
5 provisions across 2 enactments
PRASHANTH @ PRASHANTH KUMARA @ VASANTH KUMAR
STATE OF KARNATAKA
SMT KAVITHA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
