Dismissed

Prasanna v. State by Kanakapura Town Police Station

Karnataka HC10 Jul 2024CRL.P/4240/2024

Case brief

AI extract

What is this about?

Sole accused sought regular bail under Section 439 Cr.P.C. in a POCSO case involving rape of a 14-year-old victim; charge sheet filed, victim's Section 164 statement supported prosecution. Court held release could traumatize the victim and dismissed the petition, reserving liberty to approach trial court later.

What did the court decide?

None granted; liberty reserved to move trial court for bail after examination of material witnesses.

Prasanna Vs State by Kanakapura Town Police… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:26347 CRL.P No. 4240 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 4240 OF 2024

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BETWEEN:

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PRASANNA S/O DEVARAJA AGED ABOUT 27 YEARS PRESENTLY R/O MAHADESHWARA BADAVANE KANAKAPURA TOWN RAMANAGARA DISTRICT PERMANENTLY R/O. AMBEDKARNAGAR ANJANEYASWAMY TEMPLE ROAD KANAKAPURA TOWN

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RAMANAGARA DISTRICT-562 177.

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…PETITIONER

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(BY SRI. A.V. RAMAKRISHNA, ADVOCATE)

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Digitally signed by CHAITHRA A

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Location: HIGH COURT OF KARNATAKA

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AND:

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STATE BY KANAKAPURA TOWN POLICE STATION REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001.

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VICTIM REPRESENTED BY HER MOTHER SMT. SHOBHA W/O. LATE CHANDRU AGED ABOUT 40 YEARS

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NC: 2024:KHC:26347 CRL.P No. 4240 of 2024

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R/O. MAHADESHWARA BADAVANE KANAKAPURA TOWN RAMANAGARA DISTRICT PIN-562 117.

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…RESPONDENTS

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(BY SRI. RAHUL RAI .K, HCGP FOR R-1; R-2 SERVED)

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.CASE (POCSO WITH SC/ST NO.178/2023) CR.NO.162/2023 OF KANAKAPURA TOWN P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 376, 363 OF IPC AND SEC.4, 6 OF POCSO ACT AND SEC.3(2)(v) OF SC/ST (POA) ACT NOW PENDING ON THE FILE OF THE I ADDL.DISTRICT AND SESSIONS AND SPL.JUDGE, RAMANAGARA.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.162/2023 of Kanakapura Town Police Station, pending in Spl.C.No.178/2023 on the file of the learned I Additional District and Sessions and Special Judge, Ramanagar, registered for the offences punishable under Sections 376,

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3 - NC: 2024:KHC:26347 CRL.P No. 4240 of 2024

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363 of the Indian Penal Code (for short 'IPC') and under Section 4 and 6 of POCSO Act, 2012 and under Section 3(2) of SC/ST (POA) Amendment Act, 2015, on the basis of the first information lodged by the informant viz., Shobha.

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Heard Sri. A.V.Ramakrishna, learned counsel

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for the petitioner and Sri. Rahul Rai K., learned High Court Government Pleader for the respondent -State. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the petitioner is entitled

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for grant of bail under Section 439 of Cr.P.C.?”

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My answer to the above point is in ‘Negative’ for the following:

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NC: 2024:KHC:26347 CRL.P No. 4240 of 2024

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R E A S O N S

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4. The petitioner being the sole accused is seeking

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grant of bail. He was apprehended on 02.10.2023 and since then, he is in judicial custody.

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The mother of the victim lodged the first information against the petitioner making specific allegations. During investigation, the petitioner was apprehended. Now the charge sheet is filed for the above said offences. The medical records discloses that the hymen of the victim was not intact. The victim was aged 14 years at the time of incident. Her statement under Section 164 of Cr.P.C. was recorded, wherein she categorically stated that the mother of the petitioner forcibly took her to her house and the petitioner started residing with her. On 29.09.2023, the petitioner committed sexual assault on the victim. Therefore, the victim has fully supported the case of the prosecution. It is pertinent to note that the petitioner is said to be aged 27 years.

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5 - NC: 2024:KHC:26347 CRL.P No. 4240 of 2024

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Considering all these facts and circumstances,

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I am of the opinion that it is not safe to enlarge the accused on bail at this stage as it may traumatize the victim and the informant.

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Accordingly, I answer the above point in the negative and proceed to pass the following:

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ORDER

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The petition is dismissed.

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At this stage, learned counsel for the petitioner

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seeks liberty to move the trial Court for grant of bail after examination of material witnesses.

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Liberty is reserved as prayed for.

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Sd/JUDGE

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CA List No.: 1 Sl No.: 7

Prasanna v. State by Kanakapura Town Police Station

Case brief

What is this about?

What did the court decide?

Prasanna v. State by Kanakapura Town Police Station

Case brief

What is this about?

What did the court decide?

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