SHIVAMURTHY MURUGHA SHARANARU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is common in both these cases. He is accused No.1 in special case Nos.27 and 28 of 2023 registered for offences punishable under Ss. 376(c), 376(2)(n), 376(AB), 376(3), 366, 366(A), 323, 114 r/w 34 of the IPC, Ss. 5(L), 6, 7 and 17 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short), Ss. 3(f) and 7 of the Religious Institutions (Prevention of Misuse) Act, 1988 ('the 1988 Act' for short) and Ss. 75 and 77 of the Juvenile Justice (Care and protection of Children) Act, 2015 ('the 2015 Act' for short). What has driven the petitioner to this Court in the subject petitions is an order passed by the concerned Court declining to accede to an application filed under Sec. 207 of the Cr.P.C. in terms of its order dtd. 20/4/2023.

(2.) Shorn of unnecessary details, facts in brief, germane are as follows:-

(3.) In the aforesaid facts the petitioner files an application under Sec. 207 of the Cr.P.C. seeking a direction to the prosecution to produce or furnish complete records in Crime No.484 of 2022 and the statements recorded under Sec. 164 of the Cr.P.C. It is the case of the petitioner that all the facts obtaining in Crime No.484 of 2022 and Crime No.445 of 2022 are intertwined and, therefore, those documents would be imperative for his defence. The concerned Court, in terms of its order dtd. 20/4/2023, declines the application on the ground that the Investigating Officer is yet to file the charge sheet and therefore, the application cannot be allowed. It is this order that has driven the petitioner to this Court in the subject petition.