IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.4046 OF 2017 Between:
M.Nagaraj Aged about 32 years Son of Munishamappa, Occupation: Driver, R/a, Muddenahalli Village, Chikaballapur Taluk – 520 001 ... Petitioner (By Sri.N.Manohar, Advocate) And:
State of Karnataka by Chikaballapur Rural Police Represented by its State Public Prosecutor – 560 001. ` ... Respondent (By Sri.Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bailin CR.No.304/2016 of Chikkaballapura Rural Police Station, Chikkaballapura for the offence P/U/S 363 and 376 of IPC and Sections 4 and 6 of POCSO act and Sec.3(1) (xii) and 3(2) (v) of SC/ST (POA) Act and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioner is chargesheeted by the respondent-police in their Crime No.304/2016 in respect of the offences punishable under Sections 363 and 376 of IPC, under Sections 4 and 6 of POCSO Act, 2012 and under Sections 3(1)(12) and 3(2)(5) of SC and ST (Prevention of Atrocities) Act, 1989.
3. Perused the chargesheet papers. The victim girl is a minor aged 15 years. As per the submission at the Bar, though the chargesheet was submitted to the Court during December 2016, so far, the Special Court has not framed charges. That being so, this is a clear violation of Section 35(1) of the POCSO Act.
4. Having regard to the nature of the allegation, it is felt that it is not a fit stage to enlarge the petitioner on bail. Hence, petition is dismissed. However, liberty is reserved to the petitioner to move fresh bail petition before the Trial Court after evidence of the victim girl is recorded. The Trial Court is directed to pre-pone the case, frame the charges and record the statement of the victim girl within 30 days from the date of this order.
5. Learned counsel for petitioner is directed to communicate this order to the concerned court. Registry is directed to communicate this order to the concerned court.
DN/LL Sd/- JUDGE