IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4436/2019 BETWEEN:
RAVI @ RAVINDRA ACHARYA S/O KITTANNA ACHARYA AGED ABOUT 26 YEARS R/AT JALU HOUSE KURUBARAKERI VILLAGE NELLYADI VILLAGE PUTTUR TALUK – 574 214 …PETITIONER (BY SRI P.KARUNAKAR, ADVOCATE) AND:
THE STATE BY KADABA POLICE STATION REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE -560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.208/2018 OF KADABA POLICE STATION, DAKSHINA KANNADA DISTRICT REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 363 OF IPC AND AFTER INVESTIGATION CHARGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTION 376(2)(i), 506 OF IPC AND SECTION 5(l) R/W SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012.
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 HCGP for the respondent-State. Perused the records.
2. The respondent police have laid a charge sheet against the accused for the offences punishable under Section 376 of IPC and Sections 5(l) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012.
3. On careful perusal of the entire charge sheet papers, records discloses that though the petitioner and the victim girl have joined hands with each other and love affair appears to have been there, but it is specifically alleged that on 11.11.2018, 12.11.2018 and 16.11.2018 accused had sexual intercourse with her against her will etc.
4. As the victim girl was shown to be below the age of 16 years, in my opinion, this is not the stage to enlarge the petitioner on bail. However, the petitioner is at liberty to approach the trial Court after examination of the material witnesses, if advised. The accused has been in judicial custody for more than 6 months. The trial Court is hereby directed to dispose of the matter on merits itself, preferably within six months from the date of receipt of copy of this order.
With the aforesaid observation, the petition stands disposed of accordingly.
Sd/- JUDGE KSR