Dismissed

Sri Pravina v. State of Karnataka

Karnataka HC2 Sept 2024CRL.P/7326/2024

Case brief

AI extract

What is this about?

In a successive bail petition under Section 439 Cr.PC, the High Court of Karnataka dismissed the application. The Court noted the petitioner failed to approach the Sessions Court after a previous order permitted a fresh petition pending victim's evidence, despite that evidence now being recorded.

What did the court decide?

Petitioner permitted to file fresh bail petition before Sessions Court; current petition dismissed.

Sri Pravina Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:35444 CRL.P No. 7326 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 2^ND DAY OF SEPTEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7326 OF 2024

¶6

BETWEEN:

¶7

SRI. PRAVINA, SON OF GOVINDAPPA @ SANNA GOVINDAPPA, AGED ABOUT 24 YEARS, AGRICULTURIST, RESIDING AT JOGIHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT – 577 536.

¶8

…PETITIONER

¶9

(BY SRI. NATARAJA B.S., ADVOCATE)

¶10

AND:

¶11

STATE OF KARNATAKA, BY JAGALUR POLICE, DAVANAGERE DISTRICT.

¶12

Digitally 1. STATE OF KARNATAKA, signed by BY JAGALUR POLICE, YAMUNA K L DAVANAGERE DISTRICT. Location: High Court of REPRESENTED BY SPP, Karnataka HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

¶13

SMT. RAKSHITH, WIFE OF PRAVINA SANNA GOVINDAPPA, AGED ABOUT 18 YEARS, RESIDING AT BISTUVALLI, GOLLARAHATTI VILLAGE, JAGALURU TALUK,

¶14

¶15

NC: 2024:KHC:35444 CRL.P No. 7326 of 2024

¶16

DAVANAGERE DISTRICT - 577 536.

¶17

…RESPONDENTS

¶18

(BY SRI.K.RAHUL RAI, HCGP FOR R1; SRI.SHARATH J.M., ADVOCATE FOR R2)

¶19

THIS CRL.P. IS FILED U/S 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.707/2023 IN CR.NO.0200/2023 OF JAGALURU POLICE, PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE, FTSC-1, AT DAVANAGERE FOR THE OFFENCE P/U/S 363, 366, 376(2)(n), 498()A) OF IPC, SEC. 4, 6 AND 17 OF POCSO ACT, SEC. 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT AND SEC. 4 OF D.P. ACT, BY ALLOWING THE ABOVE PETITION.

¶20

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

¶21

ORAL ORDER

¶22

This is a successive bail petition filed by the petitioner praying to enlarge him on bail in Crime No.200/2023, registered at Jagalur police station, Davanagere.

¶23

The petitioner and other accused persons are facing trial before the Court of Additional District and Sessions Judge, FTSC-1 at Davanagere in Spl.C.No.707/2023 for the offence punishable under Sections 363, 366, 376(2)(n) and 498-A of IPC, Sections 4, 6 and 17 of POCSO Act, 2012, Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 and Section 4 of Dowry Prohibition Act, 1961.

¶24

¶25

NC: 2024:KHC:35444 CRL.P No. 7326 of 2024

¶26

The petitioner had approached this Court under

¶27

Section 439 of Cr.PC in Criminal Petition No.12447/2023. The said petition was dismissed as withdrawn by an order dated 16.01.2024, reserving liberty to the petitioner to file a fresh petition before the Sessions Court after the victim's evidence is recorded.

¶28

Subsequent to disposal of the above petition, the

¶29

petitioner has not approached the Sessions Court as directed.

¶30

It is submitted that the victim's evidence is already recorded. Hence, the petitioner is permitted to file a fresh petition before the Sessions Court under Section 439 of Cr.PC and in that event, the learned Sessions Judge shall dispose of the said petition at the earliest, in accordance with law.

¶31

With the above observation, petition is dismissed .

¶32

Sd/(MOHAMMAD NAWAZ) JUDGE

¶33

PN CT: SN List No.: 1 Sl No.: 10

Sri Pravina v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Pravina v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Revamma @ Ammanni Vs State by Cod, Ndc

Manjunatha @ Musare Manja Vs State by Thilakpark Police Station

Vishwanatha S @ Vishwa Vs State by

Ganesha Vs State of Karanataka

Reshma Vs State by

Shashikumar Vs the State of Karnataka