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2025 DAILYLAW 34550 (KAR)

SHAKTHIVELU v. STATE OF KARNATAKA

CRL.P/11575/2024 · 2025-02-03

Mohammad Nawaz

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Judgment text

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- 1 - NC: 2025:KHC:4789 CRL.P No. 11575 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11575 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHAKTHIVELU, S/O MANJUNATH, AGED ABOUT 20 YEARS, R/AT MATTUR DAS STREET, POCHIMALLI TALUK, KRISHNAGIRI, TAMILNADU. …PETITIONER (BY SRI. MANJUNATHA RAO LOKANDE N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUBRAMANAYAPURA POLICE STATION BANGALORE - 560 061. (REPRESENTED BY STATE PUBLIC PROSECUTOR) HIGH COURT BUILDING - 01) 2. DHANALAKSHMI W/O ANANDA R/AT NEAR MARAMMA TEMPLE, YADALAM NAGAR, SUBRAMANYAPURA, BANGALORE - 560 061. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; SRI. M.B. RAVI KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.C.NO.1486/2024 WHICH IS ARISING OUT OF CR.NO.73/2024 OF SUBRAMANYAPURA P.S., BANGALORE WHICH IS PENDING ON Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4789 CRL.P No. 11575 of 2024 THE FILE OF HONBLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-III AT BANGALORE, FOR OFFENCE U/S 363, 366(A), 376(2)(N), 376(3) OF IPC, SEC. 4(2), 5(J), 5(L), 6, 11(4), 12 OF POCSO ACT, 2012. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned counsel for petitioner is not present. 2. Even on previous occasions, there was no representation for the petitioner. 3. Charge sheet is filed against the petitioner for offence punishable under Section 363, 366(A), 376(2)(n), 376(3) of IPC, Section 4(2), 5(j), 5(l), 6, 11(iv), 12 the POCSO ACT, 2012, by Subramanyapura Police in their Police Station Crime No.73/2024. 4. It is alleged by the prosecution that, the petitioner by inducing the victim girl, aged about 13 years, took her to Tamilnadu on 19.02.2024 and detained her in house No.15/A, Mathuru down Street, Mathuru, - 3 - NC: 2025:KHC:4789 CRL.P No. 11575 of 2024 Krishnagiri District, Tamilnadu till 14.06.2024 and committed aggravated penetrative sexual assault on her, as a result, she became pregnant. 5. Learned Additional SPP has contended that as per DNA examination conducted on the foetus, accused is the biological father. 6. Considering the facts and circumstances of the case, at this stage this is not a fit case to enlarge the petitioner on bail. There is every chance of intimidating and influencing the victim, if the petitioner is enlarged on bail. 7. Petitioner is at liberty to move the Sessions Court after the evidence of the victim girl is recorded. 8. With the above observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 19