Pradeep vs The State Of Karnataka
2022 Latest Caselaw 12577 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 20 T H DAY OF OCTOBER, 2022

                        BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

        CRIMINAL APPEAL NO.350 OF 2022

BETWEEN:

Pradeep
S/o Ind re Gowd a,
Aged about 26 years,
R/at Rag avendra Nag ar,
Thaneeruhalla, Hassan City,
Hassan District-573201.
                                              ...Appellant
(By Sri Pratheep K.C., Advocate)


AND:

1.   The State of Karnataka
     Rep. by Women Police Station,
     Hassan District
     Rep. by its State Public Prosecutor,
     Hig h Court of Karnataka,
     Beng aluru-560001.

2.   Radha D.P.,
     W/o Eshwara
     Aged about 30 years,
     R/at 3 r d Cross, Saraswathipuram,
     Salagame Road , Kabb ali Villag e,
     Dudd a Hobli, Hassan Taluk,
     Hassan District-573201.
                                            ...Respondents
(By Sri Mahesh Shetty, HCGP for R1;
 R2 - served)
                              :: 2 ::


      This    Criminal    Appeal   is   filed    under   Section
14(A)(2) of SC/ST (POA) Act, praying to set aside the
order in Spl.C.No.514/2021 dated 11.02.2022 p assed
by the Hon'ble C/C Additional District and Sessions
Judge, FTSC-1, Hassan and enlarge the appellant on
bail in Spl.C.No.514/2021 (in CR.No.105/2021) for the
offence p/u/s 376, 506 of IPC and Section 3(2)(v) of
SC/ST (POA) Act and section 4 of POCSO Act, etc.


      This Criminal Appeal coming on for admission
this d ay, the Court d elivered the following:


                          JUDGMENT

Heard Sri Pratheep K.C, learned counsel for

the appellant and the Government Pleader for

respondent No.1. Respondent No.2 is served with

notice, but she has not appeared before the court.

2. This appeal is preferred challenging the

order dated 11.2.2022 passed by the Additional

District and Sessions Judge, FTSC-1, Hassan,

rejecting the application of the appellant filed

under section 439 Cr.P.C. The prosecution case is

about rape on a 14 year old girl. Though Sri :: 3 ::

Pratheep K.C takes several grounds in support of

the appeal, since the charge sheet is filed, I am of

the opinion that it is not feasible to grant bail till

the victim girl is examined.

3. Sri Pratheep K.C submits that the victim

girl ought to have been examined within thirty

days from the date of taking cognizance.

Appellant is in custody since 13.10.2021. He

refers to the order sheet and submits that the

accused is not being produced before the court

and this is the reason for the victim girl being not

examined. If this is the reason for delay in

examining the victim, the Government Pleader

shall instruct the jail authorities to produce the

appellant before the trial court without fail on the

next date of hearing. If the appellant is produced,

the trial court shall record the evidence of the

victim girl. Liberty is given to the appellant to :: 4 ::

apply for bail once again after examination of the

victim girl. This appeal stands disposed of.

Sd/-

JUDGE

ckl/-