- 1 - NC: 2025:KHC:182 CRL.P No. 12884 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12884 OF 2024 BETWEEN: THIPPESHA @ THIPPESWAMY N. S/O LATE NIJALINGAPPA, AGED ABOUT 23 YEARS, OCC: AGRICULTURIST, R/O DODDERI GOLLARAHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522. (NOW IN JUDICIAL CUSTODY). …PETITIONER (BY SRI. P. B. UMESH FOR SRI. R B DESHPANDE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHALLAKERE POLICE STATION, CHALLAKERE SUB-DIVISION, CHITRADURGA DISTRICT - 577 522. (REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. SMT. KAVITHA D. R. W/O LATE RAJANNA S. AGED ABOUT 35 YEARS, OCC: HOUSEHOLD WORK, R/O DODDERI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:182 CRL.P No. 12884 of 2024 …RESPONDENTS (BY SMT. ASMA KOUSER., ADDITIONAL SPP FOR R1; R2 IS SERVED) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SPL.C. (POCSO) NO.61/2024, PENDING ON THE FILE OF SPL. 2nd ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA, CHARGE SHEETED FOR THE OFFENCE 363,376(2)(n) OF IPC, SEC.4,6 OF POCSO ACT, 2012, IN CR.NO.96/2024 OF CHALLAKERE P.S., PENDING THE TRIAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned HCGP for respondent - State and perused the material on record. 2. Respondent No.2 / defacto-complainant is served but unrepresented. 3. Petitioner is facing trial before the Special/II Additional District and Sessions Judge at Chitradurga, for offences punishable under Section 376(2)(n) of IPC and - 3 - NC: 2025:KHC:182 CRL.P No. 12884 of 2024 Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act'). 4. This petition is preferred to enlarge the petitioner on bail. 5. It is contended by the learned Counsel for the petitioner that the victim's evidence is already recorded and she has not supported the case of prosecution and there are material discrepancies and contradictions in her evidence. 6. Learned HCGP has contended that the victim has supported the case of prosecution in her cross-examination conducted by the public prosecutor. He contended that the trial is in progress and some of the material witnesses are yet to be examined. 7. Petitioner is the sole accused. He is in custody since 3.3.2024. The trial is in progress. The nature of evidence led before the trial court cannot be discussed or appreciated at this stage. If any observation is made on - 4 - NC: 2025:KHC:182 CRL.P No. 12884 of 2024 the merits of the case, that may prejudice the trial of the case. However, considering that the petitioner is in judicial custody, the trial Court is directed to expedite the trial. If the trial is not concluded within four months from today, petitioner is at liberty to file a fresh petition before this Court. With the said observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 52