IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7184/2017 BETWEEN:
SHAKTHIVELU S/O MADESH AGED ABOUT 34 YEARS R/AT NO.110 4TH CROSS, GOKUL MATHIKERE YESHWANTHAPURA BENGALURU – 560 054. …PETITIONER (BY SRI DESU REDDY G., ADV.) AND:
THE STATE OF KARNATAKA BY SRIRAMPURA POLICE STATION BENGALURU.
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE – 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.101/2017 (SPL.C.C.NO.389/2017) OF SRIRAMPURA P.S., BANGALORE FOR THE OFFENCES P/U/S 376, 354, 506 OF IPC AND SEC.6, 8, 10 AND 12 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.101/2017 for the offences under sections 376, 354, 506 of IPC and sections 6, 8, 10 and 12 of POCSO Act, 2012.
3. As per the submission at the bar, charge is framed and trial date is yet to be fixed. As per the mandate of Section 35(1) of the POCSO Act, the Special Court is required to record the evidence of the victim girl within one month from the date of taking of the cognizance.
4. In that view of the matter, it is felt that it is not in fitness of things at this stage to dispose of the petition on its merits.
Hence, the petition is rejected. The Trial Court is directed to expedite the matter, prepone the case, procure CWs 1 to 3 and record their evidence within 40 days of communication of this order. Liberty is reserved to the petitioner to move fresh bail petition thereafter. In that event, his bail petition shall be considered in accordance with law without being carried away by the earlier order of rejection of his bail petition.
Learned counsel for the petitioner is requested to communicate this order to the concerned Court.
Dvr:
Sd/- JUDGE