Accused in a POCSO case for allegedly pouring acid-like liquid on a minor girl causing permanent eye damage sought regular bail after dismissal by Sessions Court. High Court held the heinous nature of the offence outweighed part examination of witnesses and dismissed the petition, directing expedited trial within six months.
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NC: 2024:KHC:40874 CRL.P No. 8760 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8760 OF 2024
BETWEEN:
SRI SUMANTH V. @ APPU S/O VENKATESH.G AGED ABOUT 24 YEARS, R/AT KURUPETE, KANAKAPURA TOWN, KANAKAPURA TALUK- 562 117.
…PETITIONER
(BY SRI. GIRISHKUMAR R., ADVOCATE)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
…RESPONDENTS
(BY SMT.WAHEEDA, M.M., HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED)
THIS CRL.P FILED IS U/S 439 OF CR.PC PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 01.08.2023 PASSED BY THE HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CRL.MISC.NO.575/2023 BY ALLOWING THE PRESENT PETITION FOR THE RELEASE OF THE PTTITIONER ON BAIL IN
NC: 2024:KHC:40874 CRL.P No. 8760 of 2024
CR.NO.17/2023 DATED 01.08.2023 IN SPL.C.NO.45/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 326(A) OF IPC AND SECTON 12 OF POCSO ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Spl.C.(POCSO) No.45/2023 pending before the Court of I Addl. District and Sessions and Special Judge, Ramanagara, arising out of Crime No.17/2023 registered by Kanakapura Town Police
Station, Ramanagara, for the offences punishable under Section 326(A) of IPC and Section 12 of Protection of Children from sexual Offences Act, 2012, (for short, 'POCSO Act') is before this Court under section 439 of Cr.P.C.
learned HCGP for respondent No.1. Respondent No.2, who is served in this matter has remained unrepresented before this Court.
NC: 2024:KHC:40874 CRL.P No. 8760 of 2024
NC: 2024:KHC:40874 CRL.P No. 8760 of 2024
petitioner is likely to tamper with the material prosecution witnesses and prays to allow the petition.
had tried to force her to love him, when she refused, he took out a bottle from his vehicle and poured the liquid which was inside the bottle on the victim. As a result, the victim suffered injury to her eye, back and hands. Immediately she was shifted to hospital. Medical records of the victim girl would go to show that she has suffered permanent damage to her eye and she was referred to a higher ophthalmologist at Minto eye Hospital, her left eye has suffered to grade II chemical injury, she had suffered burn injury on her face, abdomen back and also on her hand. Her would certificate would go to show that burn injury suffered on her face is of grievous in nature.
NC: 2024:KHC:40874 CRL.P No. 8760 of 2024
expedite the trial in Spl.C.(POCSO) No.45/2023 and
dispose of the same as expeditiously as possible.
9. Accordingly, I pass the following:-
ORDER
The petition is dismissed.
The Court of I Addl. District and Sessions
and Special Judge, Ramanagara is requested
to expedite the trial in
Spl.C.(POCSO)No.45/2023 arising out of Crime No.17/2023 registered by Kanakapura Town Police Station, Ramanagara, and dispose of the same as expeditiously as possible but not later than a period of six months from the date of receipt of certified copy of this order.
Sd/(S VISHWAJITH SHETTY) JUDGE
ASN List No.: 1 Sl No.: 32
1 issue framed by the court
Whether the accused should be enlarged on bail in a POCSO case involving grievous chemical burn injury to the victim's eye.
3 provisions across 3 enactments
Sri Sumanth V. @ Appu
The State of Karnataka rep by P.S.I. Kanakapura Town P.S.
XXX
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
