IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5900/2017 BETWEEN STEPHEN AGED ABOUT 21 YEARS S/O VINCENT PAUL R/A NO.2/26, VST ROAD LINGRAJPURA ST.THOMAS TOWN POST NEAR INDIAN SCHOOL BANGALORE – 560 084.
(BY SRI.RANGANATH REDDY R, ADVOCATE) AND STATE BY THE STATION HOUSE OFFICER BANASWADI POLICE STATION BANGALORE CITY.
(REPRESENTED BY THE STATE PUBLIC PROSECUTOR) (BY SRI.S.VISHWAMURTHY, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL. C.C.NO.14/2017 PENDING ON THE FILE OF LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY AND CR.NO.500/2016 OF BANASWADI POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S 342, 354, 376 R/W 34 OF IPC AND U/S 4, 6, 8 OF POCSO ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The petitioner/accused No.5 along with four others is charge sheeted by the respondent-police in respect of the offences punishable under Sections 342, 354, 376 r/w 34 of IPC and Sections 4, 6, and 8 of POCSO Act, 2012. His previous petition in Crl.P.No.1447/2017 was rejected on its merits by this Court vide Order dated 18.04.2017. As per the Statement at the Bar, though it is already ten months that the charge sheet was submitted to the Court, so far charge is not framed. Thus, trial is yet to commence. As per the mandate of Section 35(1) of the POCSO Act, 2012 the Special Court is required to record the evidence of the victim within one month of taking the cognizance.
3. In that view of the matter, it is not appropriate stage to consider this petition on its merits. Hence, petition is rejected. The trial Court is directed to frame the charge, record the statement/evidence of the victim girls (CWs.1 and 2) within 30 days of framing the charge. Liberty is reserved to the petitioner to move fresh bail petition before the trial Court thereafter. In that event, his application shall be considered in accordance with law without being influenced by the earlier orders of rejection of his bail petition.
Learned counsel for the petitioner is requested to communicate this order to the concerned Court.
Sd/- JUDGE BS