Prabhu Jayaraj S.G vs State Of Karnataka & Others

Sreenivas Harish Kumar, J

Copies of the petition is served on the complainant/respondent No.2.

This is a petition under section 439 Cr.P.C. Petitioner is facing trial for the offence under sections 376-C, 114, 506 of IPC and sections 5(f), (m)

and 6 and 8 of the POCSO Act.

Petitioner’s counsel submits that there was a direction to the trial court to complete the trial within two months and the same is not completed.

The evidence given by the witnesses do not disclose prima facie case against the petitioner. She also submits that the petitioner’s mother died on

3.4.2020 and to enable the petitioner to perform the last rites, the petitioner may be released on bail. Petitioner also submits that the trial court has

recorded statement of the accused under section 313 Cr.P.C.

Going by the submissions made by the petitioner’s counsel, it may be stated that the case will be disposed of at the earliest, for statement of

accused has already been recorded under section 313 of Cr.P.C. The disposal of the case may not take much time. Once accused is examined under

section 313 Cr.P.C, the next stage is arguments and then judgment unless the accused applies for leading defence evidence.

With regard to another submission that the evidence given by the witness does not disclose prima facie case, it is to be stated that this court cannot

look into oral testimonies of the witnesses before the trial court applies its mind to the evidence. Therefore this ground cannot be considered. Over all

circumstances are such that the petitioner is not entitled to be enlarged on bail. Petition is therefore dismissed.