IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.5201/2019 BETWEEN YASHAVANTH PUROHITHA S/O N B SHIVALINGAPPA AGED ABOUT 27 YEARS R/A NONAVINAKERE TUMAKURU DIST 572 224 ... PETITIONER (BY SRI. C. GOPALAKRISHNAMURTHY, ADVOCATE) AND STATE BY YAGATI P. S. CHIKKAMAGALURU REP. BY ITS SPP HIGH COURT COMPLEX BENGALURU-560 001 ... RESPONDENT (BY SRI. HONNAPAPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.31/2019 REGISTERED BY YAGATI POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 363(A), 376(2)(n) AND 343 OF IPC AND SECTION 5(l) AND 6 OF POCSO ACT AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS ALONG WITH IA No.1/2019 FOR INTERIM BAIL, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent State. Perused the records.
2. This is a petition filed under Section 438 of Cr.PC., wherein the offences alleged are under Sections 363(A), 376(2)(n), 343 of IPC along with Sections 5(L) and 6 of POCSO Act r/w. Section 9 of Prohibition of Child Marriage Act.
3. The allegations made against the petitioner/Accused-Yashavantha in brief are that, he has abducted the victim girl-Rakshitha, aged 17 years as on 21.05.2019. It is further alleged that, he took the victim girl against her will and without her consent had sexual intercourse with her. During the course of investigation, the police have recorded the statement of the victim girl u/s.164(5) of Cr.PC., wherein the victim girl has reiterated the said allegations. Though she has not made any allegations of sexual assault on her, but she has stated that the petitioner has slept with her. The investigation is still at threshold and the police have to collect the materials with regard to the medical report and as well as the age proof of the victim girl and the accused in connection with the allegations made against the petitioner/accused.
4. In the above said circumstances, the petition is too premature to grant Anticipatory Bail to the petitioner. Moreover, the offences alleged against the petitioner are very serious in nature. Hence, the petition is devoid of merit and the same is liable to be dismissed.
5. Accordingly, the petition is dismissed.
However, the petitioner is at liberty to move the trial court for regular bail. In such an eventuality, the trial Court shall consider the bail application and dispose of the same as expeditiously as possible.
In view of dismissal of this petition, the application- IA No.1/2019 filed for Interim Bail, does not survive for consideration. Hence, the said application is also dismissed.
Sd/-
JUDGE KGR*