EJAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.111 of 2020 of Women Police Station, Shivamogga, pending in Spl.CC No.23 of 2021 on the file of the learned Additional District and Sessions Judge, FTSC-I (POCSO) at Shivamogga, registered for the offences punishable under Ss. 376(2)(n) , 376 (2(f), 506 of the Indian Penal Code (for short ' IPC ') and Sec. 6 of the Protection of Children from Sexual Offences Act (for short 'the POCSO Act'), on the basis of the first information lodged by the informant Simran.

(2.) Heard Sri S Mahesh, learned counsel for the petitioner and Sri H S Shankar, learned High Court Government Pleader for the respondent No.1 - State. Perused the materials placed on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is the sole accused. He had approached this Court by filing Criminal Petition No.6088 of 2021 and the same came to be dismissed on merits vide order dtd. 23/9/2021. However, while dismissing the petition liberty was reserved to the petitioner to move similar petition after examination of the material witnesses i.e., CWs.1, 6 to 8. Now, CW1 is examined and other witnesses are not examined. However, the matter is already posted for recording the statement of the accused under Sec. 313 of Cr.P.C. Therefore, the petitioner is entitled for grant of bail. Accordingly, he prays for allowing the petition.