Ramesh S/O Shivaraj Sangli vs The State on 12 November, 2021

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Karnataka High Court

Ramesh S/O Shivaraj Sangli vs The State on 12 November, 2021

Bench: H.P.Sandesh

                           1




        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

   DATED THIS THE 12TH DAY OF NOVEMBER 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE H.P.SANDESH

       CRIMINAL PETITION No.201507/2021

BETWEEN:

RAMESH S/O SHIVARAJ SANGLI
AGED ABOUT 21 YEARS, OCC: COOLIE
RESIDING AT VILLAGE KADAGANCHI
TQ. ALAND, DIST. KALABURAGI-585311
                                        ... PETITIONER
(BY SRI R.S.PATIL, ADVOCATE)

AND:

THE STATE THROUGH
NARONA POLICE STATION
TQ. ALAND, DIST. KALABURAGI-585311
THROUGH ADDL. SPP OF
HIGH COURT OF KARNATAKA, KALABURAGI

                                    ... RESPONDENT
(BY SRI SHARANABASAPPA M. PATIL, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CRIMINAL PROCEDURE CODE, PRAYING TO ALLOW THE
PETITION AND RELEASE THE PETITIONER/ACCUSED NO.1 AS
PER CHARGESHEET ON BAIL IN CRIME No.165/2019 OF
NARONA POLICE STATION, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 376(2)(N), 448, 323, 506 OF IPC AND
SECTIONS 4 AND 6 OF THE POCSO ACT, PENDING BEFORE II-
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI.

     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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                            ORDER

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

2. This petition is filed under Section 439 of Cr.P.C., seeking regular bail in Crime No.165/2019 of Narona Police Station, for the offences punishable under Sections 448, 323, 376(2)(n), 506 of IPC and Sections 4 and 6 of the Protection of Children form Sexual Offences Act, 2012 (for short 'POCSO Act').

3. Factual matrix of the case is that the victim girl who is aged about 16 years was subjected to sexual act by the petitioner and she was subjected to medical examination. The medical examination report discloses that rupture of hymen was absent and FSL report discloses that inner wear of the petitioner as well as victim girl contains blood stains. Apart from that, the victim made statement before the learned Magistrate under Section 164 3 of Cr.P.C., that she was subjected to sexual assault by the petitioner.

4. Having considered the material on record, the victim is below the age of 18 years and as per Section 2(d) of the POCSO Act, she is a minor and specific allegation made against the petitioner is that he trespassed into the house and assaulted her and thereafter, he subjected her to sexual act. Having taken note of the prima facie material including the medical records and the specific allegations against the petitioner, this Court is of the opinion that it is not a fit case to exercise discretion in favour of the petitioner.

5. In view of the observations made above, I pass the following:

ORDER The petition is dismissed.

Sd/-

JUDGE NB*

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Karnataka High Court