IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.2812 OF 2019 BETWEEN:
SRI MAHESH @ MAHESH GANAPATI DARAJKAR AGED 25 YEARS SON OF SRI GANAPATI DARAJKAR RESIDING AT 608 MAKASGATTIONI INDOOR, KOPP (IND) UTTARA KANNADA, INDOOR KARNATAKA – 581349 (AT PRESENT IN JUDICIAL CUSTODY) (BY SRI M. MOHAN, ADV.) AND:
STATE OF KARNATAKA BY VIJAYANAGARA P.S. BANGAORE REPRESENTED BY HPP HIGH COURT BANGALORE – 560001.
(BY SRI HONNAPPA, HCGP) …PETITIONER …RESPONDENT ******* THIS CRL.P. IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.610/2018 (C.C.NO.143/2019) OF VIJAYANAGAR P.S., BANGALORE FOR THE OFFENCES P/U/SS 10, 17, 6, 9 OF POCSO ACT AND SEC. 376 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner, learned HCGP for the respondent State and perused the records.
2. A charge sheet has been laid against the petitioner on the allegations that the daughter of the complainant, who was aged 6 years was subjected to ill-treatment by the petitioner. It is specifically stated that on 26.10.2018 when the victim girl had been to medical shop at that time the accused took her pursuing her and thereafter he started touching her private part and also put finger into her private part and also dragged her on him for the purpose of doing sexual activities. It was seen by a lady and she warned the accused and some other persons who were gathered there and making fun on seeing the said girl at that particular point of time. On these allegations during the course of the investigation the police have also got recorded the statement of victim girl wherein she has reiterated the acts done by the accused to her.
3. The learned counsel for the petitioner/accused tried to convince this Court by reading the statement of the Teacher in which class the victim girl was actually studying. In fact, the said lady Teacher also stated that about 15 days after the incident when she was counseling the victim girl has reiterated as to what happened to her and what has been done by the accused on her. At this stage, the statement of victim girl prima facie strengthens the case of the prosecution. Apart from the above the learned counsel for the petitioner also brought to the notice of this Court that the victim has already been examined before the trial Court and she has not identified the accused during the course of trial. But this Court cannot appreciate evidence on record to come to any conclusion. Therefore, under the above said circumstances except directing the trial Court to expedite the case, this petition cannot be allowed. Hence, the following:
ORDER The petition is dismissed.
As the trial has already started, the trial Court is directed to expedite the trial and dispose of the case as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
Sd/- JUDGE Sbs* CT:bm