Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24086 CRL.P No. 5411 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5411 OF 2025 BETWEEN:
1.
DINESH E S AGED ABOUT 24 YEARS, S/O. LATE LOKAYYA, R/O. BELPADI HOUSE, PERABE POST AND VILLAGE, KADABA TALUK, DAKSHINA KANNADA-574 221 …PETITIONER (BY SRI. SHARADHI RAJ.,ADVOCATE) AND:
1.
STATE OF KARNATAKA BY KADABA PS REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
2. XXX …RESPONDENTS (BY SRI. RANGASWAMY. R., HCGP FOR R1;
VIDE ORDER DATED : 29.04.2025 NOTICE TO R2 IS H/S)
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24086 CRL.P No. 5411 of 2025
THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ALLOW THE BAIL APPLICATION AND GRANT BAIL TO THE PETITIONER SPL.C.NO.5020/2024 ARSING OUT OF CRIME NO.0024/2024 REGISTERED BY KADABA POLICE STATION FOR THE ALLEGED OFFENCES P/U/S. 376(2)(n), 506 OF IPC 1860 R/W SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 (POCSO ACT) ARRAIGNING THE PRESENT PETITIONER AS ACCUSED IN THE CAHRGESHEET, PENDING ON THE FILE OF THE HONBLE V ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, MANGALURU, SITTING AT PUTTUR, D.K.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Spl.C.No.5020/2024 pending before the Court of V Addl. District and Sessions Judge and Special Judge, sitting at Puttur, Dakshina Kannada arising out of
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HC-KAR NC: 2025:KHC:24086 CRL.P No. 5411 of 2025
Cr.No.24/2024 registered by Kadaba Police Station for the offences punishable under Section 376 (2) (n) and 506 of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 439 of Cr.P.C., seeking regular bail.
2. Heard the learned counsel for the parties.
3.
Learned counsel for the petitioner having produced the order sheet of the Trial Court submits that for the last six months the matter is adjourned before the Trial Court at the stage for fixing the date for trial. There is absolutely no progress in the case before the Trial Court. He submits that the petitioner is aged 24 years having no criminal antecedents and he is in custody for last one year two months.
4. Per contra, learned High Court Government Pleader has opposed the petition.
5. At this stage, learned counsel for the petitioner submits that the petition may be dismissed as not pressed
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HC-KAR NC: 2025:KHC:24086 CRL.P No. 5411 of 2025
with a direction to the Trial Court to examine the victim girl on priority within a time frame.
6. The said submission is placed on record.
7. Petition is accordingly dismissed as not pressed with a direction to the Trial Court to examine the victim girl on priority as expeditiously as possible but not less than a period of two months from the date of receipt of certified copy of this order.
8. The petitioner is at liberty to file a fresh bail application after examination of the victim girl is completed before the Trial Court.
Sd/- (S VISHWAJITH SHETTY) JUDGE
RKA List No.: 1 Sl No.: 55