HANUMANTHA MOGAVEERA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) As per the special order of Hon'ble the Chief Justice dated 12.01.2021, this Bench has been constituted to consider the Reference made by the learned single Judge of this Court under the provisions of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act", for the sake of brevity) and Section 164 and other provisions of the Code of Criminal Procedure, 1973 ( Cr.P.C., for short). Although the petitions have been dismissed, nevertheless, learned single Judge has made a Reference to a Division Bench in the following terms:

(2.) For the purpose of answering the questions extracted above, it is necessary to give a brief factual background to the reference in these cases. Criminal Petition No.2951 of 2020 and Criminal Petition No.3000 of 2020 were filed by accused No.1 seeking grant of bail in Crime Nos.14/2019 and 16/2019 of Women Police Station, Udupi, for the offences punishable under Sections 376(1), 376(3), 377, 506 of IPC; Sections 5(f)(i)(o)(p), 6, 21(2) of the Protection of Children from Sexual Offences Act, 2012 ( the POCSO Act for short); and Sections 3(1)(w)(i)(ii), 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The case of the prosecution in brief is that Crime No.14/2019 was registered by the Women Police Station, Udupi, on the basis of the first information lodged by the informant/Warden of the Child Care Institution viz., Spoorthi Adoption and Fit Institution. Further, Crime No.16/2019 was registered by the same Police Station in respect of the same incident on the basis of the first information lodged by the victim against the accused for the aforesaid offences.