Sri Shivakumar Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Sri Shivakumar Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition dismissed as not pressed; liberty to the petitioner to renew his bail application after examination of the victim girl is completed before the Trial Court; Trial Court directed to expedite the trial and, after framing charges, examine the victim girl on priority.

Issue for consideration

Whether the petitioner, an accused in Crime No.5/2024 of Chikkaballapur Women P.S., should be enlarged on bail under S.439 Cr.P.C. / S.483 BNSS. +1 more

Court's answer

The petition is dismissed as not pressed, with liberty to the petitioner to renew his bail application after examination of the victim girl is completed before the Trial Court; submissions of both sides were placed on record.

Ratio / Principle

The Trial Court is directed to expedite the trial.

Key takeaways

After framing of charges, the Trial Court and the prosecution shall make efforts to examine the victim girl on priority.ratio¶33
Material on record shows the petitioner is in custody since 24.01.2024, a finding underlying the direction to expedite the trial and prioritise the victim's examination.ratio¶32

Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 882 of 2025) under S.439 Cr.P.C. / S.483 BNSS by the accused in Crime No.5/2024 of Chikkaballapur Women P.S. (registered under Ss.114, 324, 504, 366(A), 370(A), 370A(1), 370A(2), 376(3) IPC; Ss.4(2), 6, 17, 21 POCSO Act 2012; S.75 Juvenile Justice (Care and Protection of Children) Act 2015; Ss.3(1)(w), 3(2)(v) SC/ST (POA) Amendment Act 2015), whose bail application in Spl.S.C.No.63/2024 had been rejected on 31.05.2024: petition dismissed as not pressed in view of the earlier dismissal as not pressed of Crl.P.No.6710/2024 on 02.09.2024, with liberty to renew the bail application after examination of the victim girl is completed before the Trial Court; noting custody of the petitioner since 24.01.2024 and that charges remain unframed though the case is at the charge-framing stage, the Trial Court is directed to expedite the trial and, after framing charges, to examine the victim girl on priority (S. Vishwajith Shetty J., 01.07.2025).

NC: 2025:KHC:23683 CRL.P No. 882 of 2025

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 882 OF 2025

BETWEEN:

SRI. SHIVAKUMAR, S/O VENKATANARASIMHAIAH, AGED ABOUT 24 YEARS, R/A AKALATHIMMANAHALLI VILLAGE, KASABA HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 563 101.

…PETITIONER

(BY SRI. DEVENDRA N, ADVOCATE)

AND:

STATE OF KARNATAKA

BY WOMEN POLICE STATION, CHIKKABALLAPUR,

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

XXX XXX,

…RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1; VIDE COURT ORDER DATED 07.03.2025, SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT)

THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.5/2024 LATER REGISTERED AS U/S 114, 324, 504, 366(A), 370(A), 370A(1), 370A(2), 376 (3) OF IPC, U/S 4(2),6,17 AND 21 OF POCSO ACT, 2012, U/S 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015, U/S 3(1)(w), 3(2)(v)

2 - NC: 2025:KHC:23683 CRL.P No. 882 of 2025

HC-KAR

OF THE SC/ST (POA) AMENDMENT ACT, 2015, REGISTERED BY CHIKKABALLAPUR WOMEN P.S., 1st RESPONDENT HEREIN AS BAIL APPLICATION FILED BY THE PETITIONER IN SPL.S.C.NO.63/2024 BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE AND FTSC-I [POCSOA], AT CHIKKABALLAPUR WAS REJECTED VIDE ORDER DATED 31.05.2024.

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 in view of the order passed by this Court in Crl.P.No.6710/2024 disposed of on 02.09.2024, this petition may be dismissed as not pressed with liberty to the petitioner to renew his bail application after examination of the victim girl is completed before the Trial Court. He submits that petitioner is in custody from 24.01.2024. Therefore, Trial Court may be directed to expedite the trial after framing the charge and the victim girl may be examined on priority before the Trial Court.

Learned High Court Government Pleader fairly does not oppose the prayer made by learned counsel for the petitioner.

3 - NC: 2025:KHC:23683 CRL.P No. 882 of 2025

HC-KAR

Submission made on behalf of both the sides is

placed on record.

Material on record would go to show that petitioner is in custody since 24.01.2024. His earlier bail application in Crl.P.No.6710/2024 was dismissed as not pressed on 02.09.2024 with liberty to file a fresh petition after examination of the victim girl is completed before the Trial Court. Order sheet of the Trial Court in Spl.SC.No.63/2024 made available by learned counsel for the petitioner would go to show that though the case is at the stage of framing charge, for the last several dates of hearing, charges are not framed in the case.

Considering the fact that accused are in custody in the present case, Trial Court is directed to expedite the trial and after framing the charges against the accused, efforts shall be made by the Trial Court and the prosecution to examine the victim girl on priority.

Sd/-

(S VISHWAJITH SHETTY) JUDGE

KAV List No.: 1 Sl No.: 29/CT: BHK