IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4393 OF 2019 BETWEEN:
BHYLA @ BHYLAPPA S/O. LATE RANGAIAH, AGED ABOUT 25 YEARS, R/AT KYATHANAYAKANAHALLI VILLAGE, C N HALLI TALUK, TUMKUR DISTRICT, PIN 572228 (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND STATE OF KARNATAKA BY HANDANAKERE POLICE STATION, BANGALORE, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001 (BY SRI. HONNAPPA, HCGP) ...PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.113/2018 REGISTERED BY HANDANAKERE POLICE STATION, TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 376 AND 506 OF IPC AND SECTION 4 & 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-state. Perused the records.
2. The brief allegation made against the petitioner who is the sole accused in Crime No. 113/2018 registered for the offence under sections 376, 506 of IPC and section 4 of POCSO Act is that the petitioner and the victim girl belonged to the same village. It is stated that on 20.11.2018, the victim girl was sleeping in the house stating that she is suffering from fever. When her father and mother forced her to come along with them to go to the hospital, she did not come. Again in the afternoon at about 12.00 noon when the fever increased, the parents forced her to go to the hospital, then she disclosed that on 20.11.2018 when she was proceeding to the school, at that time petitioner intercepted her and committed rape on her and threatened with dire consequences. Thereafter, a case has been registered and the petitioner was arrested.
3. During the course of investigation, statement of the girl under Section 164 has been recorded. She reiterated the same allegations. Though there is some delay in lodging the complaint, the same has been explained in the complaint itself. Whether the said explanation is true or not has to be thrashed out during course of trial.
4. I do not find any strong reason to release the petitioner on bail. Petition is dismissed. However, the petitioner is at liberty to move the trial court, if necessary on changed circumstance after examination of the victim girl.
Ckl/-
Sd/- JUDGE