LAWS(KAR)-2018-1-60

SRI. SHAKTHIVELU Vs. STATE OF KARNATAKA

Decided On January 16, 2018
Sri. Shakthivelu Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This is the petition filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 376, 354, 506 of IPC and Sections 6, 8, 10, 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POSCO' Act for short) registered in respondent - police station, Crime No.101/2017.

(2.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioner/accused made the submission that earlier also the present petitioner approached this Court and this Court has rejected the bail petition by its order dated 11.10.2017 passed in Criminal Petition No.7184/2017. But liberty was given to the petitioner to move fresh petition thereafter. Learned counsel made the submission that now 07 witnesses have been examined. All the 07 witnesses turned hostile and not supported the prosecution case. In this connection, learned counsel for the petitioner relied upon the following two decisions:- 1. 2017(1) Drugs Cases (DC) 237 of the Rajasthan High Court, Bench at Jaipur rendered in the case of Abdul Shakoor Vs. State of Rajasthan. 2. 1999 (4) Crimes 108 of the Rajasthan High Court.