NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a successive bail petition filed by the petitioner to enlarge him on bail in Crime No.44/2019 of Mudgal Police Station, Raichur District, now pending trial in Spl.C. No.405/2019 on the file of the I Addl. Sessions Judge at Raichur, for offences punishable under Sections 363, 366(A), 376, 506 of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as 'POCSO Act' for short].

(2.) Crl.P. No.201011/2019 filed by the petitioner seeking similar relief was dismissed by this Court on 22.10.2019, after considering the facts and circumstances of the case and the statement of the victim recorded under Section 164 of Cr.P.C. While dismissing the said petition, an observation was made that the petitioner may apply for bail after evidence of the victim girl is recorded by the Trial Court.

(3.) This petition is filed on the following changed circumstances: The learned counsel for petitioner submits that the evidence of all the material witnesses including the evidence of the victim girl has been recorded by the Trial Court. The petitioner was arrested on 27.04.2019 and he is languishing in judicial custody for more than 2 years. The evidence of the victim girl was not recorded within one month from the date of taking cognizance as required under Section 35 of the POCSO Act. The trial is also not completed within a period of one year. The petitioner is a young man aged about 25 years and now the victim has completed 18 years. He submits that it is a case of love affair and since all the material witnesses are examined, by imposing any condition/s, the petitioner may be enlarged on bail.