Karnataka High Court
Sri Babu G @ Bujji vs The State Of Karnataka on 26 September, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:40174
CRL.P No. 2387 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 2387 OF 2024
BETWEEN:
SRI. BABU G @ BUJJI,
S/O LATE SRI. GANGADHARAPPA,
AGED ABOUT 23 YEARS,
R/A WARD NO.13, BAGEPALLI TOWN,
CHIKKABALLAPURA DISTRICT - 561 207.
...PETITIONER
(BY SRI. NITHIN GOWDA K.C, ADVOCATE FOR
SRI. PRASANNA KUMAR P, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY STATION HOUSE OFFICER,
BAGEPALLI POLICE STATION,
CHIKKABALLAPURA DISTRICT,
REPRESENTED BY ITS
Digitally STATE PUBLIC PROSECUTOR,
signed by
MALATESH HIGH COURT BUILDING,
KC DR. B.R. AMBEDKAR VEEDHI,
Location: BENGALURU - 560 001.
HIGH
COURT OF 2. SMT. PEDDANANJAMMA,
KARNATAKA
W/O GANGAPPA,
AGED ABOUT 60 YEARS,
R/A 13TH WARD, BAGEPALLI TOWN,
BAGEPALLI TALUK,
CHIKKABALLAPURA - 561 207.
...RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
R2 - SERVED)
-2-
NC: 2024:KHC:40174
CRL.P No. 2387 of 2024
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.179/2022
REGISTERED BY BAGEPALLI POLICE STATION,
CHIKKABALLAPURA FOR THE OFFENCE P/U/S 363, 376(2)(n),
344 OF IPC, SECTION 4, 6 OF POCSO ACT, 2012 AND SECTION
9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT,
PENDING ON THE FILE OF HONBLE ADDITIONAL AND
SESSIONS JUDGE, FTSC-1, (POCSO), CHIKKABALLAPURA IN
SPL.S.C.(POCSO).NO.116/2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Heard learned counsel for the petitioner.
2. Successive bail request of the accused in Special Case No.116/2022 is based on the examination of the victim girl before the trial Court, who had supported the case of the prosecution in examination in-chief and did not support the case of the prosecution in the cross-examination.
3. Taking note of the authoritative principles of law enunciated in the case of RIGHT TO PRIVACY OF ADOLESCENTS Vs. Ms. MADHAVI GORADIA DIVAN, learned Senior Advocate and Ms. Liz Mathew, learned Senior Advocate, as Amicus Curiae to assist this Court in Criminal Appeal No.1451/2024 rendered by the Hon'ble Apex -3- NC: 2024:KHC:40174 CRL.P No. 2387 of 2024 Court on 07.03.2024, this Court is of the considered opinion that directing the trial Court to expedite the trail and conclude the same at the earliest would meet the ends of justice.
4. More so when there is no positive change in circumstance in the case of the accused-petitioner to enlarge him on bail by exercising special powers vested in this Court under Section 439 of Cr.P.C / 483 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for short 'BNSS Act, 2023'). Accordingly, the following order is passed:
ORDER
i) Bail petition stands disposed of.
ii) The trial Court is directed to dispose of the main suit as early as possible, but not later than 30.11.2024.
Sd/-
(V SRISHANANDA) JUDGE PHM List No.: 1 Sl No.: 6 CT: BHK