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2024 Supreme(Kar) 1303

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Shivamurthy Murugha Sharanaru, S/o. Gurumurthaiah – Appellant
Versus
State By Karnataka, Chitradurga Rural Police Station, Chitradurga, (Represented By State Public Prosecutor High Court Of Karnataka – Respondent


Advocates Appeared:
For the Petitioner:Sri C.V. Nagesh, SR. Counsel for Sri K.B.K. Swamy, Advocate.
For the Respondents: Sri Jagadeesha B.N., Addl.SPP, Sri Srinivasa D.C., Adv.

Table of Content
1. petitioner's application details and allegations. (Para 1 , 2 , 3)
2. defense entitlement to prosecution documents. (Para 4 , 5)
3. court's importance on fair trial obligations. (Para 7 , 8 , 9)
4. requirement for prosecution to provide evidence for defense. (Para 10 , 11)
5. petition allowed for documents' access. (Para 12)

ORDER :

Petitioner is common in both these cases. He is accused No.1 in special case Nos.27 and 28 of 2023 registered for offences punishable under Sections 376(c), 376(2)(n), 376(AB), 376(3), 366, 366(A), 323, 114 r/w 34 of the IPC, Sections 5(L), 6, 7 and 17 of the Protection of Children from Sexual Offences Act , 2012 (‘POCSO Act’ for short), Sections 3(f) and 7 of the Religious Institutions (Prevention of Misuse) Act , 1988 (‘the 1988 Act’ for short) and Sections 75 and 77 of the Juvenile Justice (Care and protection of Children) Act, 2015 (‘the 2015 Act’ for short). What has driven the petitioner to this Court in the subject petitions is an order passed by the concerned Court declining to accede to an application filed under Section 207 of the Cr.P.C. in terms of its order dated 20-04-2023.

The complainant in the subject crime is an employee o

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