Sri.Kiran vs State By Karnataka
2023 Latest Caselaw 2304 Kant

                                                   -1-
                                                          CRL.A No. 61 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 20TH DAY OF APRIL, 2023

                                              BEFORE
                             THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                                  CRIMINAL APPEAL NO. 61 OF 2023
                      BETWEEN:

                      1.    SRI.KIRAN,
                            S/O. NAGARAJU,
                            AGED ABOUT 22 YEARS,
                            R/AT NO. DODDAMUDAVADI VILLAGE,
                            HAROHALLI HOBLI,
                            KANAKAPURA TALUK,
                            RAMANGARA -562 159.

                                                                  ...APPELLANT
                      (BY SRI. H.V.HARISH,ADVOCATE)

                      AND:

                      1.    STATE BY KARNATAKA,
Digitally signed by         REPRESENTED BY
LAKSHMINARAYAN
N                           KANAKAPURA RURAL
Location: High
Court of Karnataka          POLICE STATION,
                            RAMANGAR DISTRICT,

                            NOW REPRESENTED BY ITS
                            PUBLIC PROSECUTOR,
                            HIGH COURT COMPLEX,
                            BANGALORE- 560 001.

                      2.    SMT. LAKSHMAMMA,
                            W/O. LATE GOPALA,
                            AGED ABOUT 50 YEARS,
                              -2-
                                      CRL.A No. 61 of 2023




      RESIDING AT
      GUGAREDODDI VILLAGE,
      HAROHALLI VILLAGE,
      KANAKAPURA TALUK,
      RAMANGARA - 562 159.

                                           ...RESPONDENTS
(BY SRI. K.NAGESHWARAPPA, HCGP FOR R1/STATE;
      R2 SERVED, UN REPRESENTED)


       THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)

ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED

17.12.2022 PASSED BY THE I ADDITIONAL DISTRICT AND

SESSIONS JUDGE, RAMANAGARA IN CRL.MISC.NO.1113/2022.


       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

The appeal is preferred against the order dated

17.12.2022 passed by the Court of the I Additional District

and Sessions Judge, Ramanagara, in

Crl.Misc.No.1113/2022, whereby the learned Sessions

Judge has dismissed the petition filed under Section.439 of

Cr.P.C.

CRL.A No. 61 of 2023

2. The Accused/appellant has been charge sheeted

for offences punishable under Sections 363 and 376 of

IPC, Sections 4, 8, 12, 16 and 17 of the POCSO Act 2012

and Section 3(2)(v) of the Scheduled Castes/Scheduled

Tribes (Prevention of Atrocities) Amendment Act 2015.

3. Respondent no.2/defacto complainant has been

served but there is no representation.

4. Learned counsel for the appellant submits that the

appellant is a young boy aged 22 years and since

01.08.2022, he is in judicial custody. He submits, inspite

of filing of Charge sheet evidence of the victim is not yet

recorded. He further submits that he may be permitted to

file a fresh petition seeking bail before the Sessions Court

and therefore, seeks to withdrawn the appeal.

5. Considering that the charge sheet is already filed

and the appellant is in custody from 01.08.2022, the

learned Sessions Judge/Special Judge is directed to record

the evidence of the victim girl expeditiously keeping in

view the relevant provisions of the POCSO Act 2012.

CRL.A No. 61 of 2023

6. The appellant is permitted to file a fresh petition

before the Sessions Court, once the evidence of the victim

girl is recorded.

With the observation, appeal is disposed of.

Sd/-

JUDGE

AVB