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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION No.5259 OF 2021

BETWEEN:

RAMAKRISHNA @ KRISHNAPPA,

S/O KAMBAIAH,

AGED ABOUT: 55 YEARS,

R/AT:NO.66, 1^ST MAIN, 3^RD CROSS,

BANGARAPPA NAGARA,

RAJARAJESHWARI NAGARA,

BENGALURU-560 098.

… PETITIONER

(BY SRI: RAJESH RAO K., ADVOCATE)

AND:

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THE STATE BY,

RAJARAJESHWARINAGARA P.S.,

REPRESENTED BY,

THE GOVT PLEADER,

HIGH COURT OF KARNATAKA,

BENGALURU-560 001.

2.

BALARAMA

S/O LATE GURUSWAMY,

AGED 40 YEARS,

R/AT: NO.91, SANJAYGANDHI NAGARA,

PIPELINE ROAD, YESHWANTHAPURA,

BENGALURU-560 022.

… RESPONDENTS

(BY SRI: K.S. ABHIJITH, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. PRAYING TO 439 OF Cr.P.C., PRAYING TO ENLARGE

THE PETITIONER ON BAIL IN CR.NO.63/2020 REGISTERED BY

RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU FOR

THE OFFENCE P/U/S/ 354, 376 OF IPC AND SECTION 4 OF

POCSO ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,

THIS DAY, THE COURT PASSED THE FOLLOWING:

O R D E R

The petitioner-accused is before this Court seeking

grant of bail under Section 439 of Cr.P.C. in Crime

No.63/2020 of Rajarajeshwari Nagar Police Station, initially

registered for the offences punishable under Section 376 of

the Indian Penal Code (for short 'IPC') and Sections 4 and

6 of the Protection of Children from Sexual Offences Act,

2012 (for short "the POCSO Act") and the charge sheet is

filed for the offences punishable under Sections 354, 376

of IPC and Section 4 of the POCSO Act, on the basis of the

first information lodged by the informant, Manjunath.

2.

Heard Sri. Rajesh Rao K., learned Counsel for

the petitioner and Sri. K.S. Abhijith, learned High Court

Government Pleader for the respondent -State. Perused

the materials on record.

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3.

Learned Counsel for the petitioner submitted

that the petitioner is the sole accused, who is innocent and

has not committed any offences as alleged. He has been

falsely implicated in the matter without any basis. He was

apprehended on 16.03.2020 and since then he is in judicial

custody. The investigation has already been completed and

the charge sheet is also filed. The matter is pending

before the City Civil Court, CCH-55, Bengaluru in Spl.Case

No.183/2020 for trial. Learned counsel submitted that

there is property dispute between the petitioner and the

informant, who is the uncle of the victim and therefore, a

false case was foisted against the petitioner without any

basis. The material on record does not support the case of

the prosecution in any manner. Since the investigation is

already completed, detention of the petitioner in custody

would amount to pre-trial punishment. He is not having

any criminal antecedents and he is the permanent resident

of the address mentioned in the cause title to the petition.

He is ready and willing to abide by any of the conditions

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that would be imposed by this Court. Hence, he prays to

allow the petition.

4.

Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against the petitioner for having

committed the offences. The victim is a mentally retarded

girl aged 10 years and the petitioner, who is aged 55 years

attempted to commit sexual assault on the victim and in

the meantime, the petitioner on seeing the informant fled

from the spot. Even though the hymen was intact as per

medical report and the medical officer noticed that there

was no evidence of recent sexual assault on the victim, it

is noticed that there were old and healed injuries all over

the body of the victim, which clearly supports the case of

the prosecution. The statement of the witness under

Section 161 is recorded by the Investigating Officer, which

supports the contention of the prosecutio