IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7242/2017 BETWEEN:
G. KRISHNA S/O GOVINDAPPA AGED ABOUT 23 YEARS R/AT BAGALUR COLONY JALA HOBLI, BENGALURU NORTH ADDITIONAL TALUK BENGALURU – 562 149.
... PETITIONER (BY SRI. RAGHAVENDRA N.R., ADV.,) AND:
THE STATE OF KARNATAKA BY BAGALUR POLICE JALA HOBLI BENGALURU NORTH ADDITIONAL TALUK BENGALURU – 562 149.
REPRESENTED -SPP HIGH COURT COMPLEX BANGALORE - 01 ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.28/2017 OF BAGALURU POLICE STATION, BANGALORE AND SPL.C.C.NO.106/2017 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCE P/U/S 376 AND 506 OF IPC AND 4 OF POCSO ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 376 and 506 of IPC and under Section 4 of the Protection of Children from Sexual Offences Act, 2012, registered in respondent – police station Crime No.28/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner and also the learned High Court Government Pleader appearing for the respondent-State.
3. Learned counsel made the submission that trial is going on and the victim girl and her mother turned hostile and have not supported the prosecution case. Hence, he submitted that in view of the same by imposing reasonable conditions, petitioner may be enlarged on bail.
4. Per contra, learned HCGP opposed the petition by submitting that there is a prima-facie material as against the petitioner. Hence, petitioner is not entitled to be granted with bail at this stage.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case. Now the contention of the learned counsel that victim girl and her mother turned hostile. That itself is not the end of the matter. The Doctor, Investigating Officer and other important witnesses have to be examined in the case, then only learned Sessions Judge can take a decision in the matter. Therefore, at this stage, it cannot be said that the petitioner is entitled to be granted with bail. Hence, petition is hereby rejected.
Sd/- JUDGE VMB