IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7817 OF 2018 BETWEEN:
SOMANNA S/O LATE PUTTASWAMY AGED ABOUT 23 YEARS AT HALEHALLI, KOPPA MADDUR TALUK MANDYA DISTRICT PIN CODE-571 428. ... PETITIONER (BY SRI MURTHY D NAIK, ADV. FOR SRI CHANDRASHEKAR R P, ADV.) AND:
THE STATE OF KARNATAKA BY THE POLICE OF GIRINAGAR POLICE STATION BENGALURU PIN CODE – 560 085.
(BY SMT. NAMITHA MAHESH B.G., HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.230/2018 GIRINAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S 363, 376, 366(A), 506 OF IPC AND SECTION 5(l) R/W SEC.6 OF POSCO ACT 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Girinagar Police have charge sheeted the petitioner in Crime No.230/2018 of their police station for the offences punishable under Sections 363 376 of IPC and Section 5(l) and Section 6 of POCSO Act, 2012.
2. It is alleged that on 12.8.2018 at 9.00 a.m. the petitioner kidnapped CW.2 – the girl aged 16 years from the lawful custody of her parents, then took her to the house of CW.8, lodged her there till 25.08.2018. It is alleged that during such stay of the petitioner with the victim, he committed aggravated penetrative sexual assault on her.
3. The victim girl in her statement before the Magistrate implicated petitioner of sexual assault. Further the medical examination report of the victim indicates that she implicated the petitioner before the Doctor also alleging the sexual assault. The medical examination report findings are also incriminating.
4. Having regard to the material on record and the nature of the offence, it is not a fit case to grant bail. Therefore, the petition is dismissed.
Sd/- JUDGE NG* CT:bms