Dismissed¶29

Punitha M v. State of Karnataka

Karnataka HC21 Apr 2025CRL.P/3644/2025

Case brief

AI extract

What is this about?

Keywords/benchmarks for retrieval: bail petition dismissed as not pressed; liberty to renew/re-apply for bail after completion of victim's examination; S.439 CrPC bail; petition filed u/s 483 BNSS; POCSO Section 6; rape case IPC 376(2)(n) with 366 and 506 IPC; Davanagere Women Police Crime No.99/2024; Spl.C.440/2024; Additional District and Sessions Judge-FTSC-I Davanagere; priority examination of victim girl; High Court of Karnataka CRL.P No. 3644 of 2025; NC: 2025:KHC:16158; single-judge oral order by S Vishwajith Shetty dated 21.04.2025. No precedent cases engaged; no quantum involved.

What did the court decide?

Petition dismissed as not pressed, with liberty to renew the bail application after examination of the victim girl is complete before the Trial Court. ¶29

Punitha M Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition dismissed as not pressed, with liberty to renew the bail application after examination of the victim girl is complete before the Trial Court.

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Issue for consideration

Whether the petitioner should be enlarged on bail under Section 439 CrPC in Spl.C.440/2024 (Crime No.99/2024), pending before the Additional District and Sessions Judge-FTSC-I, Davanagere, for offences punishable under Sections 376(2)(n), 506 and 366 IPC read with Section 6 of the POCSO Act.

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Court's answer

The Criminal Petition is dismissed as not pressed, with liberty as prayed for (i.e., liberty to renew the bail application after examination of the victim girl is complete before the Trial Court).

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Key takeaways

It is needless to state that the prosecution as well as the Trial Court shall make efforts to examine the victim girl before the Trial Court on priority.obiter¶30

Detailed headnote1 paragraphs

Criminal Petition No. 3644 of 2025 (High Court of Karnataka, Bengaluru; Justice S Vishwajith Shetty; 21.04.2025; NC: 2025:KHC:16158): Petitioner Punitha.M sought enlargement on bail under Section 439 CrPC (petition filed u/s 483 of BNSS) in Spl.C.440/2024 (Crime No.99/2024) registered by the Davanagere Women Police, pending before the Hon'ble Additional District and Sessions Judge-FTSC-I, Davanagere, for offences punishable under Sections 376(2)(n), 506 and 366 IPC read with Section 6 of the POCSO Act. Learned counsel, after arguing the matter for some time, submitted that the petition be dismissed as not pressed, with liberty to renew the bail application after examination of the victim girl is complete before the Trial Court; it was noticed that the Trial Court had already fixed the date for recording the victim girl's evidence. The Court dismissed the Criminal Petition as not pressed with liberty as prayed for, and observed that the prosecution as well as the Trial Court shall make efforts to examine the victim girl on priority. Respondent No.2 is anonymised ('XXXX').

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NC: 2025:KHC:16158 CRL.P No. 3644 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 3644 OF 2025

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BETWEEN:

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PUNITHA .M S/O MALLIKARJUNA AGED ABOUT 24 YEARS AUTO DRIVER ADDRESS : CHIKKAMMANI DEVARAJU URS BADAVANE, DAVANAGERE DAVANAGERE DISTRICT - 577 004

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…PETITIONER

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(BY SRI. RAMAKRISHNA FOR SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY DAVANAGERE WOMEN POLICE DAVANAGERE DISTRICT

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Digitally signed by NANDINI B G Location: High Court of Karnataka

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REP THROUGH THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001

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XXXX

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…RESPONDENTS

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(BY SMT. PUSHPALATHA .B., ADDL.S.P.P. FOR R1 NOTICE TO R2 H/S V/O DTD: 21/04/2025)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL U/S 439 OF CR.PC IN SPL.C.440/2024 (CRIME NO.99/2024) REGISTERED BY THE DAVANAGERE WOMEN POLICE PENDING ON THE FILE OF THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE-FTSC-I, DAVANAGERE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(N) AND 506, 366 OF IPC

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2 - NC: 2025:KHC:16158 CRL.P No. 3644 of 2025

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READ WITH SECTION 6 OF POCSO ACT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

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THIS CRIMINAL 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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Learned counsel for the petitioner after arguing the matter for sometime submits that, at this stage, the petition may be dismissed as not pressed, with liberty to renew the bail application after examination of the victim girl is complete before the Trial Court.

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It is brought to the notice of this Court that before the Trial Court, the date is already fixed for recording the evidence of the victim girl.

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Submission is placed on record.

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The Criminal Petition is dismissed as not pressed, with liberty as prayed for.

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It is needless to state that the prosecution as well as the Trial Court shall make efforts to examine the victim girl before the Trial Court on priority.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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*bgn/CT:VS/ List No.: 1 Sl No.: 72

Punitha M v. State of Karnataka

Case brief

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Punitha M v. State of Karnataka

Case brief

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