IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4816/2019 BETWEEN:
NITISH KUMAR, S/O BINDESHWAR CHAUDARI, AGED ABOUT 20 YEARS, R/AT KASHA VISHWANATH BUILDING, NEAR OM SHAKTHI TEMPLE, SANJEEVINI NAGAR, HEGGANAHALLI, BANGALORE – 560 072.
... PETITIONER (BY SRI. MOHAN KUMAR, ADV.,) AND:
STATE OF KARNATAKA, STATE BY RAJAGOPALANAGAR P.S., REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
(BY SRI. ROHITH B.J., HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.217/2019 OF RAJAGOPAL NAGAR POLICE STATION., BENGALURU CITY FOR THE OFFENCE P/U/S 366, 377, 376 OF IPC AND SECTION 4 OF POCSO ACT.
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 HCGP for the respondent-state. Perused the records.
2. The respondent police have registered a case in Crime No.217/2019 and after investigation, filed charge sheet for the offence under Sections 366, 376 and also Section 4 of the Protection of Children from Sexual Offences Act, 2012. The victim was aged about 17 years. At this stage, it is not a case where the accused has to be released on bail.
3. It is stated in the complaint that 10 days prior to 11.04.2019 when the victim girl was alone in the house, the petitioner went inside the house and assured that he will marry her, inspite of her refusal. It is further alleged that he committed rape on her.
Under the above said circumstances, the petition is dismissed with a liberty to the petitioner to approach the trial Court for grant of bail after examination of victim girl.
Sd/- JUDGE VMB