IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No. 8248/2019 BETWEEN :
Kubera Bahaddur S/o. Gopal Bahaddur Aged about 21 years R/a. No. 34, 4th Cross 80 Feet Road Dollars Colony RMV II Stage Bangalore – 560 094 Also R/o. Thamigav Village Mandada Main Road Panthekula Taluk Jainpura Dist Nepal. … PETITIONER (By Sri. Swaminath A, Adv.) AND :
State of Karnataka by SHO, Sampigehalli PS Bangalore – 560 086 Rep. by Govt. Pleader High Court Buildings Bangalore – 560 001. … RESPONDENT (By Sri. Honnappa, HCGP) ---
This Criminal Petition is filed under Section 439 Cr.P.C. with a prayer to enlarge the petitioner on bail in Cr. No. 151/2017 of Jalahalli Police Station, Bengaluru City for the offence punishable under Section 366-A, 376(2)(L)(N) of IPC and Section 4, 5(L) and 6 of POCSO Act and etc.
This Criminal Petition coming on for Orders this day, the Court made the following;
O R D E R Heard the learned counsel for petitioner and learned High Court Government Pleader for the respondent State. Perused the records.
2. Respondent Police have registered a case against the petitioner in Crime No.0151/2017 for the offence punishable under Sections 366-A, 376(2)(L)(N) of IPC and Section 4, 5(L) and 6 of POCSO Act. After thorough investigation, charge sheet has been filed and the said case is pending before the L Additional City Civil and Sessions Judge, Bengaluru.
3. As could be seen from the entire charge sheet papers, the victim was aged about 13 years. She fell in love with the petitioner and in fact the victim joined hands with the petitioner and went with him to stay in Gujarat and at different places where they had developed physical contact with each other and because of that she became pregnant. During the course of trial P.W.1 was examined and in the examination-in-chief she has also reiterated the same.
4. Looking to the above said facts and circumstances of the case and considering the fact that the victim girl was aged only 13 years as on the date of the alleged offence, the consent of the girl is of no consequence. Under the above said facts and circumstances without expressing any opinion on the merits or demerits of the case, it is not a fit case where this Court can enlarge the petitioner on bail. Though the learned counsel for petitioner has tried to convince this Court that petitioner is in jail for long time, this Court is of the opinion that the ground of long incarceration is not sufficient to enlarge the petitioner on bail.
Hence, the petition being devoid of merit, is liable to be dismissed. Accordingly, it is dismissed. However, considering the incarceration of the petitioner, the trial Court is directed to expedite the trial itself and dispose of the same as expeditiously as possible without unnecessary delay.
LRS.
Sd/- JUDGE.