IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JUNE, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.359 OF 2017 BETWEEN:
SRI. KEMPANNA S/O NANJUNDAIAH, AGED ABOUT 40 YEARS, RESIDENCE OF SOBAGANA HALLI VILLAGE, KOTHAGERE HOBLI, KUNIGAL TALUK – 572 101, TUMAKURU DISTRICT. …PETITIONER (BY SRI SUMANTH L.BHARADWAJ, ADV. FOR SRI. CHETHAN .B, ADV.) AND:
STATE OF KARNATAKA KUNIGAL PS TUMAKURU – 572 101. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI. CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.341/2016 OF KUNIGAL P.S., TUMAKURU FOR THE OFFENCE P/U/S 376 AND 506 OF IPC AND SECTION 4 AND 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R When the case is called, learned counsel Sri Sumanth.L.Bhardwaj, on behalf of the learned counsel appearing for the petitioner requests to pass over the matter. It is seen that continuously learned counsel appearing for the petitioner is either absent or has sought for time on the previous dates of hearing.
2. The petitioner is charge sheeted by the respondent-police in respect of the offences punishable 376 and 506 of IPC and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012.
3. Perused the 164 Cr.P.C. statement of the victim girl recorded by the JMFC Court. The victim girl is aged 16 years and the petitioner is a married person aged 40 years. Nature of the allegation does not impress this Court to enlarge him on bail at this stage.
Hence, petition is rejected. However, liberty is reserved to the petitioner to move fresh bail petition before the trial Court after the statement of the prosecutrix and vital witnesses are recorded.
Sd/- JUDGE KLY/