PRADEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Pratheep K.C, learned counsel for the appellant and the Government Pleader for respondent No.1. Respondent No.2 is served with notice, but she has not appeared before the court.

(2.) This appeal is preferred challenging the order dtd. 11/2/2022 passed by the Additional District and Sessions Judge, FTSC-1, Hassan, rejecting the application of the appellant filed under sec. 439 Cr.P.C. The prosecution case is about rape on a 14 year old girl. Though Sri Pratheep K.C takes several grounds in support of the appeal, since the charge sheet is filed, I am of the opinion that it is not feasible to grant bail till the victim girl is examined.

(3.) Sri Pratheep K.C submits that the victim girl ought to have been examined within thirty days from the date of taking cognizance. Appellant is in custody since 13/10/2021. He refers to the order sheet and submits that the accused is not being produced before the court and this is the reason for the victim girl being not examined. If this is the reason for delay in examining the victim, the Government Pleader shall instruct the jail authorities to produce the appellant before the trial court without fail on the next date of hearing. If the appellant is produced, the trial court shall record the evidence of the victim girl. Liberty is given to the appellant to apply for bail once again after examination of the victim girl. This appeal stands disposed of.