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2025 DAILYLAW 85819 (KAR)

SRI M S PRADEEP S/O THIMMAPPA ALIAS PRADEEP MALESUNKAPPAR v. STATE OF KARNATAKA

CRL.P/103369/2025 · 2025-09-15

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12047 CRL.P No. 103369 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103369 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. M.S. PRADEEP S/O THIMMAPPA @ PRADEEP MALESUNKAPPAR, AGE. 29 YEARS, OCC. AGRICULTURE, R/O. UCHHENGIDURGA VILLAGE, TAL. HARAPANAHALLI, DIST. VIJAYANAGARA. … PETITIONER (BY SRI. SUNIL DESAI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ARISIKERE POLICE STATION, TQ. HARAPANAHALLI AND DIST. VIJAYANAGARA-591 222. 2. SMT. GUDAL HALAMMA W/O LATE BASAVARAJA, AGE. 40 YEARS, OCC. HELPER, R/O. NEAR PATALA DIBBA, UCHHANGIDURGA VILLAGE, TAL. HARAPANAHALLI AND DIST. VIJAYANAGARA-591 222. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-HELD SUFFICIENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER ON BAIL WHO IS ARRAYED AS ACCUSED NO.1, IN CONNECTION WITH THE CRIME NO.126/2024 REGISTERED BY ARASIKERI POLICE STATION, HARAPANAHALLI CIRCLE, VIJAYANAGAR DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 87, 49, 64(2)(M) AND 351(2) OF BNS UNDER SECTIONS 4 AND 6 OF POCSO, 2012 AND SECTIONS 9 AND 10 OF CHILD MARRIAGE ACT PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, F.T.S.C.-1, AT BALLARI BEARING SPL. CASE NO.66/2025. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12047 CRL.P No. 103369 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Learned counsel for the petitioner after arguing the matter for some time submits that petitioner is in custody in the present case from 06.12.2024. Before the trial Court the case is at the stage of framing charges. Petitioner and victim girl were in love and therefore, this petition may be dismissed as not pressed at this stage. Submission is placed on record. Petition is dismissed as not pressed with liberty as sought for. Considering the fact that petitioner is in custody from 06.12.2024 onwards and also taking into consideration the facts and circumstances of the case, the trial Court as well as the prosecution shall make all endeavours to expedite the trial in the case and examine the victim girl on priority before the trial Court. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK