IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8181 OF 2018 BETWEEN:
Sri. Kranthi Kumara V, S/o Late Venkatappa M.S, Aged about 26 years, Govt. Employee, Worked at Hiremagaluru, Town Primary Health Center, T/o Maggalamakki Village, Mudigere Taluk, Chikkamagaluru District - 577 101. …Petitioner (By Sri. Veeranna G. Tigadi, Advocate) AND:
State of Karnataka, Rep. by Sub-Inspector of Police, Balur Police Station, Mudigere Taluk, District Chikkamagaluru, Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ...Respondent (By Sri. I.S. Pramod Chandra, SPP-II) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.12/2018 of Balur Police Station, Chikkamagaluru for the offences p/u/s 366, 376(2) (n) and Section 418 of IPC and under Sections 5(L), 6 and 18 of POCSO Act 2012.
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 SPP-II for respondent-State.
2. Petitioner is accused of committing offences punishable under Sections 366, 376(2)(n) and 418 of IPC and Section 5(L), 6 and 18 of Protection of Children from Sexual Offences Act, 2012.
3. The victim was a minor aged about 17 years 06 months as on the date of the commission of offence. She has made specific allegations that the petitioner on the pretext of marrying her, committed forcible sexual intercourse on her. She has stood by her version in her statement under Section 164 of Cr.P.C. On collecting necessary evidence, charge sheet has been laid against the petitioner.
4. Having regard to the nature of offences and the circumstance in which the said offence is committed, in my view, it is not proper to admit the petitioner to bail at this stage. Hence, reserving liberty to the petitioner to seek for his release on bail after examination of the prosecutrix before the trial Court, petition is dismissed.
Sd/- JUDGE SV/-