IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11272 OF 2024 (439(Cr.PC) / 483(BNSS))

BETWEEN:

SRI. PRAVINA, SON OF GOVINDAPPA @ SANNA GOVINDAPPA, AGED ABOUT 24 YEARS, AGRICULTURIST, R/AT JOGIHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 536.

…PETITIONER (BY SRI. CHETAN B. ANGADI, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY JAGALUR POLICE, Digitally DAVANAGERE DISTRICT, signed by LAKSHMI T REPRESENTED BY SPP, Location:

High Court HIGH COURT OF KARNATAKA, of Karnataka BANGALORE - 560 001.

2. VICTIM, WIFE OF PRAVINA SANNA GOVINDAPPARA AGED 19 YEARS, RESIDING AT JOGIHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA - 577 836.

…RESPONDENTS (BY SRI. RANGASWAMY, HCGP FOR R1;

R2 - SERVED AND UNREPRESENTED)

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.707/2023 IN CRIME NO.200/2023 OF JAGALURU POLICE, PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC I AT DAVANAGERE FOR THE OFFENCE P/US/ 363, 366, 376(2)(n), 498-A OF IPC AND SEC.4, 6, 17 OF POCSO ACT AND SEC.9, 10 OF PROHIBITION OF CHILD MARRIAGE ACT AND SEC.4 OF DP ACT BY ALLOWING THE ABOVE PETITION.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioner has preferred this petition praying to enlarge him on bail in SPL.C.No.707/2023 pending before the Court of Additional District and Sessions Judge, FTSC-I, Davanagere.

2. Petitioner and other accused are facing trial for offences punishable under Section 363, 366, 376(2)(n), 498-A of IPC, Section 4, 6 and 17 of the POCSO, Act, 2012, Section 4 of the Dowry Prohibition Act and under the provisions of the Prohibition of Child Marriage Act.

3. Petitioner is accused No.1. It is alleged that he has married a minor girl and subjected her to aggravated penetrative sexual assault, on account of which she became pregnant.

4. As per prosecution, the victim was aged about

16 years at the time of commission of offence. I have perused victim's statement recorded under Section 164 of Cr.P.C. At this stage, there is a prima-facie case against the petitioner.

5. Learned High Court Government Pleader has submitted that out of 22 witnesses cited in charge sheet, 10 witnesses are already examined. He contended that the victim girl has supported the prosecution case.

6. The evidence led before the Trial Court cannot be appreciated in this bail petition. Any observation made on the merits of the case may prejudice both defence as well as prosecution. Considering the material on record and since the trial is in progress, this is not a fit case to enlarge the petitioner on bail.

7. If trial is not concluded within a period of three moths from today, petitioner is at liberty to file a fresh petition for bail. With the said observation, petition is dismissed Sd/-

(MOHAMMAD NAWAZ)

JUDGE LDC List No.: 1 Sl No.: 59 CT: BHK