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2025 DAILYLAW 46044 (KAR)

SRI DERANGULAMADHU v. THE STATE OF KARNATAKA

CRL.P/735/2025 · 2025-02-21

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:7906 CRL.P No. 735 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 735 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. DERANGULAMADHU S/O DARANGULA CHINNA ANJINAPPA, AGED ABOUT 28 YEARS, PRESENT ADDRESS RESIDING AT KADUGURKI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. PERMANENT ADDRESS NO.5/47 PAGADALAPALI, ALLAMPALLI, GOWNPALLI, KADIRI, MANDALA, ANAATHAPURA DISTRICT, ANDHRA PRADESH. …PETITIONER (BY SRI. SHIVANANDA M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VISHWANATHAPURA POLICE STATION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. CHAITHRA, W/O LATE. CHANNAKESHAVA, AGED ABOUT 40 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7906 CRL.P No. 735 of 2025 R/AT KADUGURKI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED ON BAIL IN SPL.C. NO.902/2022 IN CRIME NO.140/2022 OF VISHWANATHAPURA POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 376(3) AND 506 OF IPC AND SECTION 4(2), 6 AND 8 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, PENDING ON THE FILE OF HONBLE ADDL.DISTRICT AND SESSIONS JUDGE FAST TRACK COURT-III BENGALURU RURAL DISTRICT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a successive bail petition preferred by the petitioner to enlarge him on bail in Spl.C.No.902/2022 pending before the Court of Additional District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru. - 3 - NC: 2025:KHC:7906 CRL.P No. 735 of 2025 2. Petitioner’s prayer for bail was rejected on merits by this Court, considering the facts and circumstances of the case. 3. Learned counsel for petitioner submitted that the petitioner is in judicial custody from 09.10.2022 and this Court in Crl.P.No.8939/2024, reserved liberty to him to move this Court for bail, if the Trial was not concluded within 3 months. He has contended that, since the Trial is not concluded within the said period, petitioner is entitled for bail. 4. Petitioner is being tried for offences punishable under Section 376(3), 506 of IPC and Section 4(2), 6 and 8 of the POCSO Act. 5. As per the order sheet of the Trial Court, Trial is at the fag end. Learned High Court Government Pleader submitted that the evidence of only PW.14 is to be concluded and his chief examination is already recorded and he has to be examined by the defense. - 4 - NC: 2025:KHC:7906 CRL.P No. 735 of 2025 6. Trial is at fag end. This Court has already dismissed the prayer for bail considering the serious allegations against the petitioner. In view of the nature of allegation and punishment prescribed, incarceration now undergone by the petitioner is not a ground to enlarge him on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 31 CT: BHK