IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7141 OF 2019 Between:
Mubeen Pasha S/o Sri Riyaz Pasha Aged 35 Years R/at C/o Kareem Building 5th Cross, Bhuvaneshwarinagar R.T. Nagar Post Bengaluru – 560 032 (By Shri Gireesha R.J., Advocate) And:
The State of Karnataka By Hebbal Police Station Bengaluru – 560 024 Represented by SPP High Court of Karnataka Bengaluru – 560 001 (By Shri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Crime No.89 of 2019 (Spl.C.C. No.902 of 2019) of Hebbal Police Station, Bengaluru City for the offence punishable under Section 376 of Indian Penal Code and Section 4, 5(N) and 6 of POCSO, Act.
This Criminal Petition coming on for orders, this day, the Court made the following:
2 O R D E R Heard and perused the records.
2. There are allegations against the petitioner in the charge sheet that the victim girl, who is aged 12-13 years, being the daughter of the petitioner, that he himself have had sexual intercourse with her when nobody was there in the house.
3. The complaint, in fact, was lodged by mother of the victim girl. The records disclose that the evidence has already been started before the Trial Court. The victim girl has already been examined. Further examination-in-chief has been deferred at the request of the learned Public Prosecutor.
4. At this juncture, the petitioner has approached this Court for grant of bail. In my opinion, it is too premature stage to consider the bail petition as the trial is going on.
Therefore, under the above said circumstances the petition is dismissed with liberty to the petitioner to approach the Trial Court after examination of the material witnesses.
lnn Sd/- JUDGE