Jithesh Gowda Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

Jithesh Gowda Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Bail not decided on merits; petition disposed of with directions to the Trial Court to try the matter day-to-day and dispose of Spl.Case No.5039/2021 within 75 days, and to the Registry, HCGP and State to communicate the order and assist the Trial Court without adjournments.

Issue for consideration

Whether the petitioner, facing prosecution in Cr.No.67/2021 in Spl.Case No.5039/2021 (Sulia P.S.) for offences under S.376(2)(i) IPC and Sections 4 and 12 of the POCSO Act, should be released on bail under S.439 Cr.PC. +1 more

Court's answer

Reiterating its earlier position that the Trial Court must appreciate the victim's and medical evidence on merits, the Court held that it cannot sit and usurp the jurisdiction of the Trial Court to consider the matter on merits; hence the bail prayer was not decided afresh by this Court.

Ratio / Principle

Since the matter remained undisposed despite the order dated 24.05.2023, the Trial Court is directed to take up the matter on a day-to-day basis and dispose of it within 75 days from the date of this order.

Key takeaways

The Registry and the learned High Court Government Pleader are to communicate the order forthwith to the concerned Presiding Officer and counsel, and the State is directed to assist the Trial Court in disposal of the case within 75 days without seeking any adjournment.ratio¶31

Detailed headnote1 paragraphs

Bail - expedition of trial - High Court of Karnataka (H.P. Sandesh, J.), oral order dated 09.01.2026 in Crl.P No. 13381 of 2025 (NC: 2026:KHC:1377): petition under S.439 Cr.PC (filed u/s 483 BNNS) by the accused in Cr.No.67/2021 in Spl.Case No.5039/2021 (Sulia P.S.), for offences punishable under S.376(2)(i) IPC and Sections 4 and 12 of the POCSO Act, pending before the V Addl. District and Sessions Judge, Mangaluru sitting at Puttur. Recalling its earlier order dated 24.05.2023 in Crl.P.No.3102/2023 - that the Trial Court must itself appreciate the victim's and medical evidence on merits and that the High Court cannot sit and usurp the Trial Court's jurisdiction - and observing that the matter nonetheless remained undisposed, the Court directed the Trial Court to proceed on a day-to-day basis and dispose of the case within 75 days; the Registry and HCGP to communicate the order forthwith and the State to assist without seeking adjournments. Petition disposed of; bail not granted or refused on merits.

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NC: 2026:KHC:1377 CRL.P No. 13381 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

CRIMINAL PETITION NO.13381 OF 2025

BETWEEN:

JITHESH GOWDA, S/O LOKESH, AGED ABOUT 25 YEARS, R/AT SORANJA HOUSE, PERALU POST, MANDEKOLU VILLAGE, SULLIA TALUK, D.K.DISTRICT-574 239.

…PETITIONER

(BY SRI. DHANANJAY KUMAR, ADVOCATE)

AND:

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA BY SULIA P.S, SULIA, D.K., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

SMT. JYOTHSNA KARKADA, W/O KIRAN JATHANNA, AGED ABOUT 44 YEARS, R/AT GOVERNMENT HOSPITAL QUARTERS, SULLIA, KASABA VILLAGE, SULLIA TALUK (D.K)-574 239.

…RESPONDENTS

(BY SMT. RASHMI PATEL, HCGP FOR R1; R2 - SERVED AND UNREPRESENTED)

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NC: 2026:KHC:1377 CRL.P No. 13381 of 2025

HC-KAR

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.67/2021 IN SPL.CASE NO.5039/2021 REGISTERED BY THE SULIA P.S., ON THE FILE OF V ADDL. DISTRICT AND SESSIONS JUDGE, MANGALURU SITTING AT PUTTUR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 376(2)(i) OF IPC AND SECTIONS 4 AND 12 OF POCSO ACT.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent No.1 State.

This Court vide order dated 24.05.2023 in Crl.P.No.3102/2023 passed an order considering the evidence of the victim as well as medical evidence that the Trial Court has to appreciate the evidence on merits and this Court cannot sit and usurp the jurisdiction of the Trial Court to consider the matter on merits. Even inspite of this order was passed on 24.05.2023, till date the matter is not disposed of. Hence, the Trial Court is directed to take up the matter on day-to-day basis and dispose of the same within 75 days from today.

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NC: 2026:KHC:1377 CRL.P No. 13381 of 2025

HC-KAR

The Registry is directed to communicate this order forthwith to the concerned Presiding Officer as well as the learned counsel appearing for the accused. The learned High Court Government Pleader is directed to communicate this order forthwith to the concerned. The State is directed to assist the Trial Court in disposal of the case within a period of 75 days without seeking any adjournment.

Accordingly, this petition is disposed of.

Sd/(H.P.SANDESH) JUDGE

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