IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6677/2017 Between:
Manjunath Mallappa Oliyavar, Son of Mallappa, Aged about 22 years, Residing at Nigadi (Village & Post), Devara Hubbali Road, Darwada (Taluk & District) PIN No. 580 118.
(By Sri Sudhakar Reddy G.S., Advocate) And:
State by Soladevanahalli Police Represented by S.P.P.
High Court Building, Bangalore- 560 001.
(By Sri. S. Vishwamurthy, HCGP) …Petitioner ...Respondent This criminal petition is filed under section 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.No.45/2017 (S.C.No.125/2017) of Soledevanhalli Police Station, Bengaluru for the offences p/u/s 363, 366(A), 376 of IPC and secs. 4 & 8 of POCSO Act.
This criminal petition coming on for orders this day, the court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner is chargesheeted by the respondent-police in respect of the offences punishable under sections 363, 366(A), 376 of IPC and secs.4 & 8 of POCSO Act, 2012.
3. As per the submission at the Bar, though the chargesheet was submitted to the concerned Court during the month of May, 2017 since the post of the Presiding Officer of the Court was vacant for about 6 months, charge is not framed till date.
4. As per section 35(1) of the Act, the concerned Court is required to record the evidence of the victim within one month from the date of taking cognizance of the offence but, the Special Court has lost sight of its obligation. In that view of the matter, it is not a fit stage to adjudicate the petition on its merits.
5. Hence, the petition is rejected. The Special Court is directed to prepone the case forthwith and frame the charge and also record the evidence of CWs.1 and 2, which exercise shall be completed within 30 days from the date of communication of this order.
Liberty is reserved to the petitioner to move fresh bail petition before the Special Court thereafter. In that event, the Special Court shall consider the same in accordance with law, without being influenced by the earlier order of rejection of his bail petition.
Registry is directed to communicate this order to the concerned Court.
Learned counsel for the petitioner is also requested to communicate this order to the concerned Court.
Sd/- JUDGE DL