Title: Informant v. State of Karnataka
Decided on October 11, 2023.
Case No. CRL.P.No.3701/2023.
CORUM: THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY.
Introduction
The present petition has filed by informant or victim under Section 439(2) of Cr. P. C. praying to cancel the bail granted to the respondent No. 2 (ACCUSED NO.1) by the ADDL. Session Judge FTSC-II, in SPL.C.NO.223/2022. Arising out of CR.NO.120/2022 of Maddur P.S. for the offence P/U/S 354D, 376(3), 376(2)(n), 450, 366, 506, 420, 504 of IPC and Sections 4 and 6 of POCSO ACT. The informant prayed through this criminal petition before the Hon’ble High Court to cancel the bail granted to the rape accused, by observing the merit of the present case the Hon’ble High Court directed to the lower court to reheard the case as a fresh and directed to the accused to surrender before the trial court on or before 26.10.2023.
Facts of the case
On 18.05.2022, the victim girl aged about 21 years had submitted a written information, based on which FIR in Crime No.120/2022 was registered by Maddur Police Station, Mandya District, against respondent no.2 and three others for the offences punishable under Sections 376, 506, 420 of IPC and Sections 4, 6 & 12 of POCSO ACT. In the written information the informant alleged that the respondent No. 2 proposed her when she was in 9th standard and she rejected to the respondent No.2. for the same after that respondent No.2, took the informant or victim to an isolated place where he sexually molested and misbehaved with victim and threatened not tell anyone otherwise will face dire consequences. In the year of 2017, respondent came in the house of victim at 11:00 O’clock in night and sexually assaulted her against her wishes and promised to marry her, for now on respondent No.2, sexually assaulted her multiple times. In the year of 2020, the victim got pregnant and the respondent No.2, aborted informant child’s. On dated 10.12.2020, their parents perform their marriage engagement On 17.09.2021, respondent no.2 and his friends Puttaswamy and Lokesh allegedly came to the house of the informant and threatened the informant and her family members with dire consequences, if they approached the police.
Court’s observation
The Hon’ble High court has observed that the regular bail granted to the respondent No.2, by the trial court in Spl. Case No.223/2022, without complying with the requirement of section 439(1A) of Cr. P. C. where the mandate of the legislature as well as right to be heard in the matter by the victim/informant has been denied, the order granted of a regular bail cannot be sustained in law. The petition filed under Section 4399(2) of Cr. P. C. is allowed. The order passed by the court is set aside and the matter is remitted for fresh consideration of the bail application on its merits. Respondent No.2, shall surrender before the trial court on or before 26.10.2023. The matter should be disposed within the period of 15 days.
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Written by: Aamir Hussain.
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