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THE STATE OF KARNATAKA v. GANESH

Supreme Court of India | Diary 33350/2024

Status

Order

Decided On

2024-12-16

Bench

HON'BLE MR. JUSTICE UJJAL BHUYAN, HON'BLE MR. JUSTICE SURYA KANT

Petitioner

THE STATE OF KARNATAKA

Respondent

GANESH

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.5314 OF 2024 (Arising out of SLP(Criminal) No. 11830/2024 ]

STATE OF KARNATAKA APPELLANT

VERSUS

GANESH RESPONDENT O R D E R

1. Leave granted.

2. The State of Karnataka is in appeal against the

order dated 31.05.2024 passed by the High Court of

Karnataka, Dharwad Bench, granting bail to the respondent

in a case under Sections 376, 376(2)(n), and 506 of the

Indian Penal Code, 1860.

3. The allegations are that the respondent had

forcible sexual intercourse with the victim, who was

working as a domestic help and was engaged for household

work in his house. The victim gave birth to a female

child in a hospital on 07.04.2024 and immediately

thereafter she filed the complaint on 09.04.2024, which

led to registration of the subject case. The respondent

was arrested on 13.04.2024. The DNA report disclosed that

the respondent is the biological father of the female

child.

4. The respondent applied for bail that was declined

by the Principal District and Sessions Judge, Uttara

Kannada, Karwar. Thereafter, he approached the High Court

and vide the impugned order, the High Court has released

him on bail, as according to the High Court, there is an

1

inordinate delay in registration of the FIR.

5. The aggrieved State is before us. It is pointed out

that the respondent has ...

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