Sunil Kumar @ Sunil Kumar M. vs State of Karnataka

Type Court Judgment Court Karnataka Decided Jul 03, 2024

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Citation: sooperkanoon.com/1917184
Court: Karnataka High Court
Judge: M G UMA
Decided On: Jul 03, 2024
Case Number: CRL.P/5044/2024

Parties & Advocates

Appellant / Petitioner

Sunil Kumar @ Sunil Kumar M.

Respondent

State of Karnataka

Excerpt

.....grant of bail under section 439 of cr.p.c. in crime no.7/2024 of chennagiri police station, pending on the file of the learned ii additional district and sessions judge, davanagere district, davanagere registered for the offences punishable under sections 354(a), 354(b), 366a, 354d and 506 of the indian penal code (for short 'ipc'), on the basis of the first information lodged by the informant viz., rudrappa.2. heard sri.srinivasan rao, learned counsel for the petitioner and smt.k.p.yashodha, learned high court -3- government pleader for the respondent -state. perused the materials on record.3. in view of the rival contentions urged by thelearned counsel for both the parties, the point that would arise for my consideration is: “whether the petitioner is entitled for grant of bail under section 439 of cr.p.c.?” my answer to the above point is in ‘negative’ for the following: reasons4. the petitioner being the sole accused is seeking grant of bail. he was apprehended on 05.01.2024 and since then, he is in judicial custody.5. the father of the victim lodged the firstinformation making specific allegations against the petitioner. the statement of the victim, who was aged 17 years, under section 164 of cr.p.c is also recorded, -4- wherein, she has fully supported the case of the prosecution. the petitioner is said to be aged 27 years. he is a married man and having children. he induced the minor girl, took her private photos and started blackmailing her. he touched her body parts improperly and even tried to commit sexual assault. the allegations are of very serious nature. the trial is not yet begun. if in the meantime the petitioner is enlarged on bail, that may traumatize the victim girl and also the informant. therefore, i am of the opinion that the petitioner is not entitled for grant of bail at this stage.6. accordingly, i answer the above point in the negative and proceed to pass the following: the petition is dismissed. sd/- judge nbm list.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO.5044 OF 2024 BETWEEN: SUNIL KUMAR @ SUNIL KUMAR M S/O LATE CHANDRAPPPA AGED ABOUT 27 YEARS RESIDING AT CHANNAGIRI TALUK DAVANGERE - 577213 …PETITIONER (BY SRI.SRINIVASAN RAO C N, ADVOCATE) AND:
1. STATE OF KARNATAKA BY CHANNAGIRI POLICE STATION Digitally signed DAVANAGERE by ALBHAGYA REPRESENTED BY SPP Location: HIGH COURT OF HIGH COURT OF KARNATAKA- 560001 KARNATAKA
2. RUDRAPPA S/O LATE SHANKARAPPA AGED ABOUT 47 YEARS CHENNAGIRI TALUK DAVANGERE - 577213 …RESPONDENTS (BY SMT.K.P.YASHODHA, HCGP FOR R.1; R.2 - SERVED) -2- THIS CRL.P IS FILED U/SEC.439 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON BAIL IN CHARGE SHEET NO.48/2024 IN CR.NO.7/2024 BY CHENNAGIRI POLICE STATION FOR THE OFFENCE P/U/SEC.354(A), 354(B), 366A, 354(D) AND 506 OF IPC AND SEC.8, 12, 14, 15 OF POCSO ACT OF RESPONDENT CHENNAGIRI POLICE STATION, PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE DISTRICT, DAVANAGERE AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.7/2024 of Chennagiri Police Station, pending on the file of the learned II Additional District and Sessions Judge, Davanagere District, Davanagere registered for the offences punishable under Sections 354(A), 354(B), 366A, 354D and 506 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant viz., Rudrappa.

2. Heard Sri.Srinivasan Rao, learned counsel for the petitioner and Smt.K.P.Yashodha, learned High Court -3- Government Pleader for the respondent -State. Perused the materials on record.

3. In view of the rival contentions urged by the

learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Negative’ for the following: REASONS

4. The petitioner being the sole accused is seeking grant of bail. He was apprehended on 05.01.2024 and since then, he is in judicial custody.

5. The father of the victim lodged the first

information making specific allegations against the petitioner. The statement of the victim, who was aged 17 years, under Section 164 of Cr.P.C is also recorded, -4- wherein, she has fully supported the case of the prosecution. The petitioner is said to be aged 27 years. He is a married man and having children. He induced the minor girl, took her private photos and started blackmailing her. He touched her body parts improperly and even tried to commit sexual assault. The allegations are of very serious nature. The trial is not yet begun. If in the meantime the petitioner is enlarged on bail, that may traumatize the victim girl and also the Informant. Therefore, I am of the opinion that the petitioner is not entitled for grant of bail at this stage.

6. Accordingly, I answer the above point in the negative and proceed to pass the following: The petition is dismissed. SD/- JUDGE NBM List No.: 1 Sl No.: 20

Same Court & Year Karnataka · 2024 Same Parties Sunil Kumar @ Sunil Kumar M. vs State of Karnataka Same Judge M G UMA