Nagaraj vs State Of Karnataka
2023 Latest Caselaw 8609 Kant

Karnataka High Court

Nagaraj vs State Of Karnataka on 27 November, 2023

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                                  -1-
                                                              NC: 2023:KHC:42806
                                                         CRL.A No. 1710 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                               BEFORE
                             THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                                 CRIMINAL APPEAL NO. 1710 OF 2023
                      BETWEEN:

                            NAGARAJ
                            S/O LATE. HANUMANTHAPPA,
                            AGED ABOUT 23 YEARS,
                            R/O BHANUVALLI VILLAGE,
                            HARIHARA TALUK,
                            DAVANAGERE DISTRICT - 577 516.
                                                                    ...APPELLANT
                      (BY SRI. CHAKRAVARTHY T S., ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA
                            BY MALEBENNUR POLICE STATION,
                            DAVANAGERE - 577 530,
Digitally signed by         REPRESENTED BY STATE PUBLIC PROSECUTOR,
BHAVANI BAI G
Location: High
                            HIGH COURT BUILDINGS,
Court of Karnataka          BANGALORE - 560 001.

                      2.    SMT. SAKAMMA
                            W/O. HANUMANTHAPPA,
                            AGED ABOUT 40 YEARS,
                            R/AT KAMALAPURA ROAD,
                            BHANUVALLI VILLAGE, HARIHARA TALUK,
                            DAVANGERE DISTRICT - 577 516.
                                                                  ...RESPONDENTS
                      (BY SMT. SOUMYA R., HCGP;
                          R2-SERVED)
                                   -2-
                                               NC: 2023:KHC:42806
                                           CRL.A No. 1710 of 2023




     THIS CRL.A IS FILED U/S 14A(2) OF SC AND ST (POA)
ACT PRAYING TO 1) SET ASIDE THE ORDER DATED 03.08.2023
IN THE REJECTED THE BAIL APPLICATION FILLED BY
APPELLANT / ACCUSED U/S 439 OF CR.P.C. IN S.C.NO.181 OF
2022 PENDING ON THE FILE OF THE HONBLE ADDITIONAL
DISTRICT AND SESSIONS JUDGE, FTSC-I, AT DAVANAGERE.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                             JUDGMENT

Learned counsel for the appellant seeks permission of the

Court to withdraw the appeal with liberty to approach the Trial

Court with a fresh application for bail, after examination of the

victim girl.

2. It is submitted that the appellant/accused No.1 was

arrested on 04.08.2022 and he is in judicial custody for more

than 13 months.

3. Initially, the charge sheet was filed against accused

No.1 for offences punishable under Sections 417, 376(2)(n)

and 506 of IPC, Section 6 of the POCSO Act and Sections

3(2)(v), 3(2)(v-a) of the SC/ST (POA) Act. Additional charge

sheet is filed against accused Nos.2 and 3.

4. In the light of the submission made by the learned

counsel for the appellant, the appeal is dismissed as withdrawn

NC: 2023:KHC:42806

reserving liberty to the appellant to file a fresh application

under Section 439 of Cr.P.C. before the Sessions Court after

the examination of the victim. If any such application is filed,

the same shall be disposed in accordance with law.

5. The learned Sessions Judge is directed to expedite

the recording of the victim's evidence.

Sd/-

JUDGE

GBB

CT:SK