NAVEEN Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.5/2022 of Kencharlahalli Police Station, Chickballapura District for the offence punishable under Ss. 376(2)(n) and 506 of IPC.

(2.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for respondent No.1-State.

(3.) This is a successive bail petition. This Court earlier rejected the bail petition vide order dtd. 3/6/2022. While rejecting the bail petition, this Court had taken note of the fact that the victim girl was aged about 16 years and also taken note of 164 statement of the victim girl, wherein, it is stated that she became pregnant on account of the act of the petitioner herein and she delivered a baby. However, the petitioner has given a liberty to approach this Court after the receipt of DNA report. The petitioner has not approached the Court after the receipt of DNA report. Admittedly, the DNA report is positive. Now, the learned counsel for the petitioner would contend that he is in custody and only one witness is examined i.e., victim girl and there are 23 witnesses to be examined. Hence, he may be enlarged on bail.