IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6576 OF 2017 BETWEEN ANEECH MOLLA AGED ABOUT 23 YEARS S/O ASHREAF BABU MOLLA FATHIKBARIA GRAMA PARAGANA DISTRICT WEST BENGAL – 743 331 (BY SRI. RANGANATH REDDY, ADV.,) AND STATE BY THE STATION HOUSE OFFICER KADUGODI POLICE STATION BANGALORE CITY (REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001) (BY SRI. S.VISHWAMURTHY, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.103/2017 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND CR.NO.368/2016 OF KADUGODI POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 376, 506 OF IPC AND SEC.4 OF POCSO ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is charge sheeted by the respondent police under Sections 376, 506 of IPC and Section 4 of POCSO Act, 2012.
2. As per the submission at the Bar, though the charge sheet was submitted to court during April, 2017, so far charge is not framed. As per the mandate of Section 35(1) of the POCSO Act, the Special court is required to record the evidence of the victim within thirty days of taking cognizance of the offence.
3. In that view of the matter, it is not appropriate to consider the petition on merits at this stage. Hence the petition is rejected.
4. The special court is directed to prepone the case, frame the charge, record evidence of CWs 1 and 2, which exercise shall be completed within 30 days of communication of this order.
Liberty is reserved to the petitioner thereafter to move fresh bail petition before the Special Court. In that event, his application shall be considered in accordance with law and without being influenced by the earlier orders of rejection of his bail petitions.
Learned counsel for the petitioner is requested to communicate this order to the concerned court.
Sd/- JUDGE Bsv