IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2833/2019 BETWEEN:
MR. KIRAN KUMAR, AGED ABOUT 25 YEARS, S/O. MRIYAPPA, NO.2, A STREET, BYADARAHALLI, BRNSON TOWN POST, BENGALURU – 560 046.
(BY SRI. M.S.SHYAM SUNDAR, ADVOCATE) AND:
THE STATE OF KARNATAKA BY J.C.NAGAR PS, BENGALURU CITY, REPRESENTED BY S.P.P. HIGH COURT OF KARNATKA, BENGALURU – 560 001.
(BY SRI. K.P.YOGANNA, HCGP) …PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITONER IN CR.NO.55/2017 OF J.C.NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 376 AND SECTIONS 4,6,8 OF POCSO ACT 2012 AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. On perusal of the entire materials on record, there are allegations against the petitioner that he has committed sexual activity with victim girl and there is a statement made by the victim girl. Though medical evidence is not supporting the case of the prosecution, but still the trial Court has to examine the surrounding circumstances and the evidence of the victim girl.
3. It is submitted at the Bar that the matter is posted for recording of evidence before the trial Court.
4. In the above said facts and circumstances, in my opinion, it is not a fit case to exercise power under Section 439 of Cr.P.C. to enlarge the petitioner on bail. However, considering the submission of the learned counsel for the petitioner that the accused is in jail for more than two years, it is a fit case to direct the trial Court to expedite the trial and dispose of the case as expeditiously as possible, within six months from the date of receipt of certified copy of this order.
With the above observations, the petition stands dismissed.
Sd/- JUDGE ln.