IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7776/2017 BETWEEN:
MANJUNATHA S/O OBAIAH AGE: 23 YRS, OCC:AGRICULTURIST R/O GOWDAGONDANAHALLI VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT – 577 601. …PETITIONER (BY SRI S.G.RAJENDRA REDDY, ADV.) AND:
THE STATE BY S.H.O. HADADI POLICE STATION DAVANAGERE DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.177/2016 OF HADADI POLICE STATION, DAVANAGERE AND S.C.NO.116/2017 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE FOR THE OFFENCES P/U/S 366 AND 376 OF IPC AND SEC.6 AND 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 appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner is charge sheeted by the respondent police in their Cr.No.177/2016 for the offences under Sections 366, 376 of IPC and sections 6 and 8 of POCSO Act, 2012.
3. As per the submission at the Bar, though the charge sheet was submitted to the court during July 2017, so far charge is not framed. As per the mandate of Section 35(1) of the POCSO Act, the Special court is required to record the evidence of the victim within thirty days of taking cognizance of the offence.
4. In that view of the matter, it is not appropriate to consider the petition on merits at this stage. Hence the petition is rejected.
5. The Special Court is directed to prepone the case, frame the charge, record evidence of the victim, which exercise shall be completed within 30 days of communication of this order.
6. Liberty is reserved to the petitioner thereafter to move fresh bail petition before the Special Court. In that event, his application shall be considered in accordance with law without being influenced by the earlier orders of rejection of his bail petitions.
Learned counsel for the petitioner is requested to communicate this order to the concerned court.
Sd/- JUDGE Dvr: