Dismissed¶45

Prakash v. the State by Nangali

Karnataka HC23 Apr 2025CRL.P/4079/2025

Case brief

AI extract

What is this about?

Regular bail; dismissal as not pressed; liberty to renew bail application after examination of victim girl; priority examination of victim girl by prosecution and Trial Court; Section 439 Cr.PC; Section 483 BNNS (as printed); BNS 2023 Sections 65(2) and 351; POCSO Act 2012 Sections 3 and 4; Special Case (POCSO) No.10/2025; Crime No.165/2024 Nangli/Nangali Police Station, Kolar; Addl. District and Sessions Judge FTSC-1 (POCSO) Kolar; Karnataka High Court; Justice S Vishwajith Shetty; 23 April 2025; NC: 2025:KHC:16750.

What did the court decide?

Liberty to the petitioners to renew their bail applications after examination of the victim girl is completed before the Trial Court; further direction that efforts be made by the prosecution and the Trial Court to examine the victim girl on priority. ¶45

Prakash Vs the State by Nangali — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Prakash (petitioner/accused no.4) in Crime No.165/2024, now Spl.C No.10/2025 (offences u/s 65(2) and 351 of BNS 2023 and u/s 3 and 4 of the POCSO Act, 2012), should be enlarged on regular bail under Section 439 Cr.PC. +1 more

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Ratio / Principle

Both criminal petitions were dismissed as not pressed.

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Key takeaways

The dismissal was with the liberty prayed for by the petitioners, namely liberty to renew their bail applications after examination of the victim girl is completed before the Trial Court; the Court placed learned counsel's submission on record.ratio¶46
Efforts shall be made by the prosecution as well as by the Trial Court to examine the victim girl before the Trial Court on priority (operative direction appended to the dismissal).ratio¶49

Detailed headnote1 paragraphs

Criminal Petitions Nos. 4079 and 4178 of 2025 (filed u/s 439 Cr.PC, filed u/s 483 BNNS) by accused persons in Spl.C No.10/2025 (arising out of Crime No.165/2024, Nangli Police Station, Kolar), registered for offences u/s 65(2) and 351 of BNS 2023 and u/s 3 and 4 of the POCSO Act, 2012, pending before the Addl. District and Sessions Judge, FTSC-1 (POCSO), Kolar, seeking enlargement on regular bail: After arguing the matter for some time, learned counsel for the petitioners submitted that the petitions be dismissed as not pressed at that stage with liberty to renew the bail applications after examination of the victim girl is completed before the Trial Court. The Court placed the submission on record and dismissed the petitions as not pressed with the liberty prayed for, stating that efforts shall be made by the prosecution as well as by the Trial Court to examine the victim girl before the Trial Court on priority. (S. Vishwajith Shetty, J., 23 April 2025)

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NC: 2025:KHC:16750 CRL.P No. 4079 of 2025 C/W CRL.P No. 4178 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD 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. 4079 OF 2025 C/W CRIMINAL PETITION NO. 4178 OF 2025

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IN CRL.P No. 4079/2025:

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BETWEEN:

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PRAKASH S/O KRISHNAPPA AGED ABOUT 50 YEARS RESIDING AT RAJENDRAHALLI VILLAGE, BYRAKUR HOBLI MULBAGAL TALUK, PIN - 563 131.

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…PETITIONER

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(BY SRI ABHILASH KUMAR M.N, ADV., FOR

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SRI NANJUNDA GOWDA M.R, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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THE STATE BY NANGALI POLICE STATION, KOLAR DISTRICT REPRESENTED BY CIRCLE INSPECTOR OF POLICE MULBAGAL RURAL CIRCLE MULBAGAL, PIN - 563 131 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA PIN - 560 001.

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…RESPONDENTS

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(BY SMT. PUSHPALATHA B, ADDL. SPP FOR R-1; MS. TEJASHWINI R.H, ADV. FOR R-2)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON

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2 - NC: 2025:KHC:16750 CRL.P No. 4079 of 2025 C/W CRL.P No. 4178 of 2025

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REGULAR BAIL, IN CRIME NO.165/2024, OF NANGLI POLICE STATION, NOW NUMBERED AS SPL.C NO.10/2025 REGISTERED FOR THE O/P/U/S 65(2), AND 351 OF BNS 2023 AND U/S 3 AND 4 OF THE POCSO ACT, 2012 PENDING ON THE FILE OF THE LEARNED ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) KOLAR, PENDING DISPOSAL OF THE ABOVE CASE.

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IN CRL.P NO. 4178/2025:

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BETWEEN:

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SRI SUBBU @ SUBRAMANI @ SUBRAMANYAM S/O NAGARAJAPPA AGED ABOUT 36 YEARS.

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SRI MANJU @ MANJUNATH S/O VENKATARAMAPPA AGED ABOUT 42 YEARS.

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BOTH THE PETITIONERS ARE R/A RAJENDRAHALLI VILLAGE BYRAKURU HOBLI MULBAGAL TALUK, KOLAR - 563 132.

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...PETITIONERS

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(BY SRI ABHILASH KUMAR M.N, ADV., FOR SRI NANJUNDA GOWDA M.R, ADV.)

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AND:

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THE STATE OF KARNATAKA BY NANGLI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKER VEEDHI BENGALURU - 560 001.

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...RESPONDENTS (BY SMT. PUSHPALATHA B, ADD. SPP FOR R-1; MS. TEJASHWINI R.H, ADV., FOR R-2)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN SPECIAL CASE (POCSO)

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NC: 2025:KHC:16750 CRL.P No. 4079 of 2025 C/W CRL.P No. 4178 of 2025

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NO.10/2025 ARISING OUT OF CRIME NO.165/2024 OF NANGLI POLICE STATION WHICH IS NOW PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I (POCSO) AT KOLAR FOR THE O/P/U/S 65(2), 351 OF BNS AND SECTION 3 AND 4 OF POCSO ACT, 2012.

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THESE PETITIONS, 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 appearing for the petitioners after

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arguing the matter for some time submits that, the petition may be dismissed as not pressed at this stage with liberty to the petitioners to renew their bail application, after examination of the victim girl is

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completed before the Trial Court.

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2. The submission is placed on record.

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3. The petitions are dismissed as not pressed with

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liberty as prayed for.

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NC: 2025:KHC:16750 CRL.P No. 4079 of 2025 C/W CRL.P No. 4178 of 2025

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