IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4409 OF 2019 BETWEEN:
THE STATE OF KARNATAKA, BY RAMAPURA POLICE STATION, CHAMARAJANAGAR, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. ...PETITIONER (BY SRI ROHITH B.J., ADVOCATE) AND:
1. SESURAJ, S/O SANGEETHRAJ, AGED ABOUT 32 YEARS, R/O MAIN ROAD, 7TH BLOCK, NEKARADODDI VILLAGE, GOREYRUR, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT-571 440.
2. SELVAKUMAR, S/O ANTHONYSWAMY, AGED ABOUT 23 YEARS, R/O: NEKARADODDI VILAGE, GOREYRUR, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT-571 440.
...RESPONDENTS (Notice to Respondents is dispensed with vide Court order dated 13.11.2019) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF CR.P.C PRAYING TO CANCEL THE BAIL ORDER DATED 09.01.2019 PASSED IN CRL.MISC.NO.603/2018 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA GRANTING ANTICIPATORY BAIL TO ACCUSED NOs.2 AND 4 - RESPONDENT NOs.1 AND 2 OF RAMAPURA POLICE STATION REGISTERED FOR THE OFFENCE P/U/S 363 AND 376 R/W 34 OF IPC AND SECTIONS 4 AND 8 OF POCSO ACT AND CANCEL THE SAID ORDER OF BAIL AND DIRECT THE ACCUSED NOs.2 AND 4 - RESPONDENT NOs.1 AND 2 TO ARREST AND COMMITTED TO CUSTODY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned HCGP for the Petitioner-State. Issuance of notice to respondents is hereby dispensed with. Perused the records.
2. The petition is filed for cancellation of bail granted by the Principal District and Sessions Judge, Chamarajanagar in CRl.Misc.No.603 of 2018 in connection with Cr.No.238 of 2019 for the offence punishable under Section 376 of IPC and Sections 4 and 8 of POCSO Act.
3. The respondents are arraigned as accused Nos.2 and 4 in the said crime number. The allegation against them is that they tried to perform the marriage of the victim girl with accused No.1. The entire allegations were made against accused No.1 to attract the provisions of Sections 4 and 8 of POCSO Act and Section 376 of IPC. The learned Sessions Judge after considering the statement of the victim girl recorded under Section 164(5) of Cr.P.C. wherein the said girl has exonerated even accused No.1 and all others. Therefore, I do not find any strong reasons to differ from the opinion expressed by the learned Sessions Judge in enlarging the respondents on anticipatory bail. There is no allegation against the respondents that they have violated any of the terms and conditions imposed by the learned Sessions Judge.
In the above stated facts and circumstances of the case, no grounds have been made out to cancel the bail of the respondents granted by the Trial Court. Hence, the petition is liable to be dismissed and accordingly, it is dismissed.
Sd/- JUDGE DH