MALLIKARJUNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is seeking to be enlarged on bail in connection with his continued detention relating to the proceedings in Crime No.245/2017 (Spl.C.No.412/2017).

(2.) The facts that are made out by the prosecution are that the complainant by Smt. Bhagya has lodged complaint submitting that she had left the victim in the house of the other accused on 14/8/2017 and the other accused is stated to have informed the complainant that the victim was not well and the victim was thereafter admitted to the hospital who after 6 to 7 days revealed regarding commission of offence. A criminal case has been registered in Crime No.245/2017 for the offences punishable under Ss. 376 (2)(1), 302 of IPC and 4, 6, 8 of POCSO Act and provisions of J.J. Act.

(3.) It is submitted that the petitioner has been in judicial custody for about four years, 10 months and 10 days as on date. It is further submitted that on an earlier occasion, the petitioner had approached this Court in Crl.P.No.8868/2019 and same came to be disposed off on 5/10/2021 recording the submission of the learned HCGP that the trial would be concluded within a period of six months. It is to be noticed that upon ascertaining the status of the trial, learned HCGP submits that about 15 witnesses are remain to be examined and out of which, there are 9 police witnesses. It is further submitted by the learned counsel appearing for the petitioner that NBW has been issued to CW-13 and summons were issued to CW- 3, 33 to 35. It is submitted that there would be further delay in conclusion of the trial proceedings and the present proceedings ought not to be taken as punitive in nature.