The Criminal Petition filed for regular bail in a POCSO case was dismissed as withdrawn. The Court directed the Trial Court and prosecution to examine the victim girl on priority.
Petition dismissed as withdrawn with liberty to file a fresh petition after the victim is examined. Trial Court directed to examine victim on priority.
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:40826 CRL.P No. 8917 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. 8917 OF 2024
BETWEEN:
NARENDRA R, S/O RAMACHANDRA, 29 YEARS, R/O KUPPAMPALYA VILLAGE, MOTHAKAPALLI PANCHAYATHI, MULBAGAL TALUK, KOLAR DISTRICT - 563 101.
…PETITIONER
(BY SRI. MANJUNATHA G., ADVOCATE)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
BY BETHA MANGALA POLICE, KOLAR DISTRICT - 563 101, REP. BY LD. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. M.R. BALAKRISHNA, ADVOCATE FOR R2; SRI. M.M. WAHEEDA, HCGP FOR R1)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) OF CR.P.C PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.61/2024 AND SPECIAL CASE (POCSO) NO.100/2024 OF RESPONDENT BETHAMANGALA POLICE FOR THE OFFENCE P/US/ 363, 376(2)(N), 344, 323, 506, 212 OF IPC AND U/S.6 AND 17 OF POCSO ACT 2012 AND SEC.9,10 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 AND THE SAME IS PENDING TRIAL IN SPECIAL CASE NO.100/2024 ON THE FILE OF THE
NC: 2024:KHC:40826 CRL.P No. 8917 of 2024
ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC I (POCSO) AT KOLAR BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HONBLE COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Learned counsel for the petitioner submits that petition may be dismissed as not pressed at this stage with liberty to the petitioner to file a fresh petition after the victim is examined before the trial Court. He submits that petitioner is in judicial custody from 01.05.2024 and therefore, trial Court may be directed to examine the victim girl on priority.
dismissed as withdrawn with liberty as prayed for.
the trial Court as well as the prosecution to examine the victim before the trial Court on priority.
Sd/(S VISHWAJITH SHETTY) JUDGE
GPG/List No.: 1 Sl No.: 34
2 issues framed by the court
Whether to enlarge the petitioner on regular bail in a POCSO trial case pending at the Special Policing Unit.
Whether to direct the Trial Court to examine the victim priority.
3 provisions across 2 enactments
Narendra R
State of Karnataka
XXX XXX
S VishwaJith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
