Karnataka High Court
Anuprasad vs State By Koratagere Police ... on 28 February, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.879 OF 2021
BETWEEN:
ANUPRASAD
S/O. JAYANNA,
AGED ABOUT 22 YEARS,
R/AT NO. MAYASANDRA VILLAGE,
KALLAMBELLA HOBLI,
SIRA TALUK-572 137.
... APPELLANT
(BY SRI. PRASANNA RAO. R. , ADVOCATE)
AND:
1. STATE BY KORATAGERE POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
2. SMT. AMBIKA K.H.
AGED ABOUT 34 YEARS,
C.D.P.O, GOVT. OFFICIAL GAZETTED,
KORATAGERE TALUK,
TUMAKURU-572 129.
... RESPONDENTS
(BY SRI. R.D. RENUKARADHYA, HCGP FOR R1 (PH)
SMT. MANJULA D., ADVOCATE FOR R2 (PH)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-
A(2) OF THE SC & ST (POA) ACT, 1989 PRAYING TO 1. FRESH
MEMORANDUM OF CRL.A U/S 14(A)(2) OF SC/ST ACT,
SYNOPSIS AND FRESH INDEX TO BE FURNISHED.
2.ORIGINAL COMPLAINANT TO BE MADE A PARTY TO THIS
APPEAL. 3.PRAYER TO BE MADE SPECIFIC (SET ASIDE IS
2
NOT FORTHCOMING IN PRAYER) 4.COPY TO BE SERVED ON
SPP OF CRL.A.
THIS CRIMINAL APPEAL IS COMING ON FOR
ADMISSION THROUGH VIDEO CONFERENCE/PHYSICAL
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING;
JUDGMENT
This appeal is preferred by the accused in Spl.C.C.
No.37/2021 on the file of the Court of 3rd Additional
District and Sessions Judge (FTSC-1) at Tumakuru, to set
aside the order dated 19.02.2021, passed in
Crl.Misc.No.146/2021, rejecting his petition filed under
Section 439 of Cr.P.C. and consequently to enlarge him on
bail.
2. Heard both side and perused the material on
record.
3. Charge sheet has been filed against the
accused for offences punishable under Section 376(2)(i)(n)
of IPC, Section 6 of the POCSO Act 2012 and Sections
3(1)(w)(i)(ii), 3(2)(v-a) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act 1988.
4. The allegations are that the accused by
inducing the minor girl and promising that he will marry
her, committed aggravated penetrative sexual assault
several times, on account of which she became pregnant.
5. Admittedly, the trial is in progress. The
evidence of the victim girl is not yet completed. Victim has
categorically stated in her statement recorded under
Section 164 of Cr.P.C. that the accused has committed
penetrative sexual assault on her. The medical report also
show that victim has become pregnant. In view of the
prima facie material, the Court below has rejected the
prayer of the accused seeking bail. There is no illegality
committed.
6. The learned counsel for the appellant would
submit that the accused was arrested on 03.12.2020 and
he is languishing in judicial custody for nearly one year
three months. He submits that the appellant is a young
boy aged about 22 years and therefore, submits that
leniency may be shown.
At this stage, since the evidence of the victim girl is
not yet recorded and in view of the prima facie material,
this is not a fit case to enlarge the appellant on bail. If the
accused is enlarged on bail, he may try to influence the
victim and tamper the prosecution witnesses. Hence,
Appeal is dismissed.
Liberty is reserved to the appellant to move the
Sessions Court if the trial does not conclude within a
period of four months.
Sd/-
JUDGE
JY
