Allowed

Mahadevashetty Alias Pandu v. State of Karnataka by

Karnataka HC2 Dec 2024CRL.P/9766/2024

Case brief

AI extract

What is this about?

Accused aged 62 in a POCSO/rape case sought regular bail on medical grounds after two years in custody; medical report showed kidney stones, ascites and worsening condition. Court allowed bail on conditions including personal bond with two sureties.

What did the court decide?

Petitioner enlarged on bail on Rs.1,00,000 personal bond with two like sureties, subject to conditions of regular attendance, non-tampering, no similar offences and travel restriction.

Mahadevashetty Alias Pandu Vs State of… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:49263 CRL.P No. 9766 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9766 OF 2024

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BETWEEN:

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MAHADEVASHETTY @ PANDU S/O LATE MANISHETTY, AGED ABOUT 62 YEARS, R/AT BEGURU VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGARA - 571 109

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…PETITIONER

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(BY SRI. ANIL KUMAR A.S., ADVOCATE FOR SRI. PARAMESWARAPPA C.,ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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STATE OF KARNATAKA BY BEGURU POLICE STATION, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT - 571 109 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU-560001.

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XXXX

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…RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1, SRI. MANU B.P., ADVOCATE FOR R-2 VIDE ORDER DATED 23.10.2024) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.144/2022 OF THE BEGUR P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 4,5(k),6 OF POCSO ACT AND SECTIONS 376(1), 376(2)(j)(I), 376(3) OF IPC PENDING BEFORE THE

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NC: 2024:KHC:49263 CRL.P No. 9766 of 2024

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ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-I, CHAMARAJANAGAR.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Spl.C.C.No.168/2022 pending before the

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Court of Addl. District and Sessions Judge, FTSC-I, Chamarajnagar, arising out of Crime No.144/2022 registered by Beguru Police Station, Chamarajanagar, for the offences punishable under Sections 376(1), 376(2)(J)(L), 376(3) of IPC and Sections 04, 5(k) & 06 of Protection of Children from sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under section 439 of Cr.P.C., seeking regular bail on medical grounds.

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Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Learned counsel for respondent No.2 is absent.

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F.I.R. in Crime No.144/2022 was registered by

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Beguru Police Station, Chamarajanagara, against the

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3 - NC: 2024:KHC:49263 CRL.P No. 9766 of 2024

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petitioner herein initially for the offence punishable under Sections 376(1), 376(2)(J), 376(2)(L), 376(3) and Section 4 and 6 of POSCSO Act, on the basis of the first information dated 15.08.2022 received from respondent No.2 who is mother of the victim girl. During the course of the investigation of the case, the petitioner herein was arrested on 15.08.2022 and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against petitioner for the aforesaid offences.

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The bail application filed by the petitioner in Crl.Misc.No.102/2024 before the trial Court was rejected on 18.04.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the petitioner is aged about 62 years and he has been facing serious health problems. He is admitted in the jail Hospital and his health condition is deteriorating day by day. He is not in a position to even attend his nature call without support, he needs medical treatment in a higher

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4 - NC: 2024:KHC:49263 CRL.P No. 9766 of 2024

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medical center. He submits that petitioner is in custody for the last more than two years and the victim girl is already examined before the trial Court. Accordingly, prays to allow the petition.

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Per contra, learned HCGP after perusing the medical report submitted by the Chief Medical Officer, Central Prison Hospital, Bengaluru, dated 21.11.2024 fairly submits that the petitioner has been suffering multiple ailments including kidney stone. The Doctor has stated that he is not properly responding to the treatment and he does not dispute the submission made by learned counsel for the petitioner.

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The petitioner is aged about 62 years and he is in custody from 15.08.2022 onwards. Learned counsel for the petitioner has brought to notice of this Court that before the trial Court 13 charge sheet witnesses have been examined as PW-1 to PW13 and examination of the victim girl is already completed. Therefore, there cannot be

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5 - NC: 2024:KHC:49263 CRL.P No. 9766 of 2024

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apprehension that the petitioner is likely to tamper with the material prosecution witnesses.

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Medical report of the petitioner dated

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21.11.2024 received from the Chief Medical Officer of Central Prison Hospital, Bengaluru, would go to show that the petitioner was shifted from Nanjanagudu Prison to Bengaluru Central Prison for higher treatment. He was referred to Victoria Hospital, Benglauru, for further treatment and his CT Abdomen & Pelvis Triphasic was done on 14.08.2024 and the report shows that Peripheral rim of Calcification in right kidney and it is also noted that few calculi seen in the mid pole of left kidney. From the report it is apparent that the petitioner has been suffering from stones in his kidney and it is also observed that the petitioner has developed ascites and his condition is worsening day by day. The Chief Medical Officer of Central Prison Hospital, Bengaluru, has also observed that the petitioner needs support for walking and to do daily routine activities. It is further observed that on multiple

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6 - NC: 2024:KHC:49263 CRL.P No. 9766 of 2024

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occasions the petitioner could not get investigated at institute of Gastroenterology Sciences and Organ Transplant laboratory as his blood veins did not yield sufficient sample for test and he is on liquid diet for the last few days as he unable to swallow.

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Considering the aforesaid medical condition of the petitioner and also having regard to his period of incarceration, I am of the opinion that petitioner's prayer for grant of regular bail on medical grounds needs to be answered affirmatively.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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The petitioner is directed to be enlarged on bail in Spl.C.C.No.168/2022 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Chamarajnagar, arising out of Crime No.144/2022 registered by Beguru Police Station, Chamarajanagar, for the offences punishable under Sections 376(1), 376(2)(J)(L), 376(3) of IPC and Sections 04, 5(k) & 06 of Protection of Children

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NC: 2024:KHC:49263 CRL.P No. 9766 of 2024

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from sexual Offences Act, 2012, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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SD/(S VISHWAJITH SHETTY) JUDGE

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ASN List No.: 1 Sl No.: 42

Mahadevashetty Alias Pandu v. State of Karnataka by

Case brief

What is this about?

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Mahadevashetty Alias Pandu v. State of Karnataka by

Case brief

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