IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4831/2019 BETWEEN:
Sri.Elumalai @ Appu @ Brusli, S/o late Shivakumar, Age 19 years, R/at: Sampangappa Layout, M.S.Ramaiah Compound, Opp: Lakshmi Tent House, Mathikere, Bangalore-560 054.
(By Sri.B.L.Kumar, Advocate) AND:
1. The State of Karnataka, State by Sanjaynagara Police Station, Bangalore City, Rep:S.P.P High Court Building, Bangalore-01.
…Petitioner 2. Smt. Selvi, W/o Late Srinivas, Age 36 years, R/at No.98, Appaiah Compund, Railway Colony, Lottegollahally, Sanjaynagar, Bangalore-94.
(By Sri.H.S.Chandramouli, SPP-I for R1) …Respondents This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.187/2018 (Spl.CC.No.74/2019) of Sanjay Nagar Police Station, Bengaluru City for the offence p/u/s 376 of IPC and Section 6 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 for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. It is seen from the records that evidence has already been commenced before the trial Court and some of the witnesses have been examined. Though the learned counsel for the petitioner submits that witnesses have not fully supported the case of the prosecution. In my opinion, at this stage, this Court cannot imagine something and draw any inference either in favour of accused or prosecution. It may prejudice either of the parties. It is the domain of the trial Court to appreciate the evidences and draw inference in this regard. Hence, in my opinion at this stage, this Court cannot grant any relief to the petitioner. However, as the learned counsel for the petitioner submits that, as petitioner is in judicial custody since long time, the trial Court may be directed to expedite the trial. The said submission is not abnormal.
3. In view of the submission, petition stands dismissed. However, trial Court is directed to expedite the trial as expeditiously as possible and dispose of the case preferably within an outer limit of four months from the date of receipt of copy of this order.
Sd/- JUDGE SB