IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.4151 OF 2019 BETWEEN:
SRI. K. M. PRASANNA KUMAR @ PRASANNA, AGED ABOUT 33 YEARS, SON OF MAHADEVA, RESIDING AT 12-1, KUDALAKUPPE VILLAGE, VITALAPURA POST, BUKANAKERE HOBLI, K.R.PET TALUK, MANDYA-571 426.
(AT PRESENT IN JUDICIAL CUSTODY) ...PETITIONER (BY SRI RAJA K P, ADVOCATE) AND:
1. STATE OF KARNATAKA BY, K.R. PET RURAL P.S., BANGALORE (REP. BY HCGP, H.C.K, BANGALORE-560 009).
2. NAGENDRA, S/O KARI GOWDA, (SANVI D/O NAGENDRA), AGED ABOUT 25 YEARS, R/AT: P.D.G. KOPPALU VILLAGE, VITALA PURA POST, K.R.PET TALUK, PIN – 571426.
(CAUSE TITLE AMENDED AS PER COURT ORDER DATED 18.09.2019. …RESPONDENTS (BY SRI ROHIT B.J, HCGP FOR R1; R2 SERVED) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.1/2019 (SPL.C.NO.65/2019) OF K.R.PET RURAL P.S., MANDYA DISTRICT FOR THE OFFENCE P/U/S 6 OF POSCO ACT AND SECTION 363, 366, 376-AB OF IPC. THE ADDITIONAL SESSIONS JUDGE, MANDYA HAS REJECTED THE BAIL PETITION ON 26.04.2019 IN SPL.C.NO.65/2019.
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 State. Perused the records.
2. The learned HCGP submits that notice on the complainant has been served. Complainant remained absent.
3. The entire charge sheet papers filed against the petitioner disclosed that on 31.12.2018 at about 10.30 p.m. the accused petitioner went near the house of the complainant on his motorcycle and asked for water. When the complainant went inside the accused took away the 2½ years old child of the complainant along with him to a distance and in fact he was attempting to commit rape on the said child. The child was weeping and CWs.1, 5 and 6 went there and found that the accused was lifting his pant and running away. Thereafter the child was subjected to medical examination. The doctor found some injury on the urethra of the said child.
4. Looking to the above said facts and circumstances, in my opinion, there is a strong prima facie material is established against the petitioner. Hence the petitioner is not entitled to be enlarged on bail. However, it is seen that the accused has been arrested on 25.01.2019 and since then he has been in judicial custody. The trial Court is hereby directed to expedite the trial and dispose of the case itself on merits as expeditiously as possible.
Sd/-
JUDGE ykl