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High CourtsSingle Bench(2024) 02 KAR CK 0024

Narasimha Murthy vs State Of Karnataka, Rep By Sub-Inspector Of Police, Gowribidanur Police Station, Taluka Gowribidanur, District: Chikkaballapura, Rep. By State Public Prosecutor, High Court Of Karnataka, Bengaluru-560001 & Others

Karnataka High Court · Decided on 8 February 2024

HON’BLE JUDGES
V Srishananda, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 11742 Of 2023 (439)
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Judgment

17 paragraphs · 312 words

V Srishananda, J

1.

Heard Shri. Veeranna Tigadi, learned counsel for the petitioner and Shri. Jayaram Siddi, learned High Court Government Pleader for respondent-State.

2.

Successive bail request of the petitioner.

3.

Accused is facing the trial in Spl.S.C. No.124/2022 for the charges under the provisions of the Protection of Children From Sexual Offences Act, 2012 (for short ‘POCSO Act’), including Section 6 of the said Act.

4.

The changed circumstance according to the counsel for the petitioner is that the victim has been examined before the Court and she has not supported the case of the prosecution to any extent except the acquaintance of the accused/petitioner and the phone conversation between the accused/petitioner and the victim girl.

5.

The Public Prosecutor treated the said witness as hostile with permission of the Court and cross examined the victim girl by confronting the statement said to have been given by her before the Investigating Agency.

6.

But, in such cross examination no useful material is elicited which would advance the case of the persecution to any extent much less beyond all reasonable doubt.

7.

Under such circumstances, continuation of the accused/petitioner in judicial custody is no longer warranted.

8.

Further, the apprehensions of the prosecution can be met with by imposing suitable and stringent condition.

9.

Accordingly, the following order is passed:

ORDER

(i) Criminal Petition is allowed.

(ii) Petitioner/accused is directed to be enlarged on bail on executing a bond in a sum of Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the likesum, to the satisfaction of the Trial Court.

(iii) Petitioner/accused shall not tamper the remaining prosecution witnesses in any manner.

(iv) Petitioner/accused shall attend the Court regularly.

(v) Petitioner/accused shall not leave the jurisdiction of Chikkaballapura District without prior permission.

Violation of any one of the aforesaid conditions would entitle the prosecution to seek for cancellation of bail.