IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA BETWEEN CRIMINAL PETITION NO.5118/2007 U. JOHN BRITTO S/O. LATE UTTIRAM AGED ABOUT 24 YEARS, R/AT NO.23/1, SRI.VIGNESHWARA ENTERPRISES 1ST MIAN, 1ST CROSS, JAGADISH NAGAR BENGALURU-560075.
... PETITIONER (BY SRI.K.B.K. SWAMY ADV., FOR SRI.MAHADEVA, ADV.,) AND STATE OF KARNATAKA BY JEEVAN BHIMA NAGAR P.S., REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560001.
... RESPONDENT (BY SRI.CHETAN DESAI, HCGP.,) THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.266/2016 OF JEEVAN BHEEMANAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 366, 376 OF IPC AND UNDER SECTION 3 AND 4 OF POCSO ACT AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned HCGP., for the respondent-State.
2. The petitioner is charge sheeted for the offence punishable under Sections 366, 376 of IPC and under Section 3 and 4 of POCSO Act and the charge sheet is submitted to the Court during January 2017. It appears that the evidence of the victim girl is so far not recorded and thereby the mandatory provisions of Section 35(1) of POCSO Act is violated.
3. Since it is submitted that the Presiding Officer of the Court is on leave, Registry is directed to issue direction to the In-charge Court or the Court having concurrent charge, to frame the charge and record the statement of the victim girl within 30 days from the date of communication of this order. Liberty is reserved to the petitioner to move fresh bail petition after the statement of the victim girl is recorded.
Sd/- JUDGE BS