Back
IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
K.S. Mudagal, J.
Mahantesh - Appellant
Vs.
State Of Karnataka - Respondent
Criminal Petition No. 200802 of 2019
Decided On : 11-09-2019
Cancellation of Bail - POCSO Act - The court quashed the impugned order of cancellation of bail, emphasizing that bail once granted should not be cancelled unless a cogent case based on a supervening event has been made out. The court found that the subsequent complaint filed against the petitioner was not a supervening circumstance justifying the cancellation of bail.
Fact of the Case:
The petitioner was being prosecuted for offences under the Protection of Children from Sexual Offences Act,2012 (POCSO Act) based on a charge sheet filed for alleged rape and intimidation of a minor girl. The trial Court had initially granted bail to the petitioner, but the bail was later cancelled based on a subsequent complaint filed by the victim.
Finding of the Court:
The court found that the delay in filing the subsequent complaint, the absence of a charge sheet, and the lack of evidence to substantiate the allegations were key factors in quashing the order of cancellation of bail. The court emphasized that the registration of a subsequent complaint alone was not sufficient to justify the cancellation of bail.
Issues: The issues involved were the sustainability of the impugned order of cancellation of bail and the grounds for challenging the cancellation of bail.
Ratio Decidendi: The court held that bail once granted should not be cancelled unless a cogent case based on a supervening event has been made out. The court also emphasized the importance of evidence and the absence of a charge sheet in the subsequent case as factors influencing the decision.
Final Decision: The impugned order of cancellation of bail was quashed, and a condition was imposed on the petitioner not to visit specific villages where the victim resides and studies until the trial is completed. The court allowed the petition and emphasized that any future violation of bail conditions would be subject to appropriate relief.
JUDGMENT :
K.S. Mudagal, J.
"Whether the impugned order of cancellation of bail passed by the trial Court in Special Case (POCSO) No.52/2018 against the petitioner is sustainable in law"? is the question involved in this case.
2. Petitioner was being prosecuted before II-Additional Sessions Judge/Special Court Vijayapura for trial under the Protection of Children from Sexual Offences Act,2012 (for short 'POCSO Act') in Special Case (POCSO) No.52/2018 on the basis of the charge sheet filed by Sindagi police in Crime No.199/2018 for the offences punishable under Sections 143,147,376(i),323,448,504,506 r/w Section 149 Indian Penal Code and under Sections 4 & 6 of POCSO Act,2012. Minor girl 'X' (for the purpose of confidentiality victim is referred to as 'X' henceforth) aged 15 years was the complainant, petitioner was accused No.1 and his parents were accused Nos.2 & 3 in the said case.
3. It was alleged that on 13.09.2018 at 11.00 a.m., when 'X' was alone in the house at Nandageri village, the petitioner trespassed into the house and committed rape on her and intimidated her of her life, if she reveals the incident to anyone. It was further alleged that, on learning about the incident on 22-09-2018 at 2.00 p.m., when the victim and her parents went to the house of the accused to question the acts of the first accused, they abused them in foul language and threatened them of their lives.
4. Initially, accused Nos.2 and 3 were granted bail. The trial Court on 27.11.2018 granted bail to the petitioner with certain conditions. Condition No.1 was that he shall not tamper the prosecution witnesses directly or indirectly.
5. On 26.01.2019 'X' filed another complaint before the respondent-Police alleging that on 16.01.2019 at 8.00 p.m., when she had gone to the outskirts of the village to attend the nature's call, the petitioner wrongfully restrained her, abused her in foul language for prosecuting him, dragged her and assaulted her.
6. On the basis of such complaint, the respondent-Police registered Crime No.46/2019 against the petitioner. After registration of said case, the Special Public Prosecutor moved an application before the trial Court in Special Case (POCSO) No.52/2018 under Section 439(2) Cr.P.C., for cancellation of bail on the ground of intimidation to victim child. The Special Court by the impugned order dated 27.06.2019 cancelled the bail on the ground that the fact of filing subsequent complaint in Crime No.46/2019 would show that the petitioner is threatening the victim child, abusing the bail granted to him.
7. The learned counsel for the petitioner seeks to challenge the impugned order of cancellation of bail on the following grounds:
ii. Though the complaint was registered on 26.01.2019, so far no charge sheet is filed.
iii. Subsequent complaint in Crime No.46/2019 was designed to create a ground for cancellation of bail and that is not the supervening circumstance to the extent of taking extreme step of cancellation of bail.
8. Per contra, Sri Mallikarjun Sahukar, learned High Court Government Pleader and Sri Shivanand V. Pattanshetti, learned counsel representing the victim submit that already the petitioner has assaulted the victim for the second time and if the impugned order is quashed, that causes injustice to the victim and fair trial is not possible.
9. There is no dispute that though the complaint was registered on 26.01.2019 since about eight months no charge sheet is filed in Crime No.46/2019. There was ten days delay in filing the complaint. In. Ms X Vs. The State of Telangana and another, (2018) 3 Crimes(SC) 24 relied upon by the learned counsel for the petitioner, the facts and circumstances were similar. In the said judgment, it was held that it is a settled principle of law that bail once granted should not be cancelled unless cogent case based on supervening event has been made out.
10. In the case on hand, the application for cancellation of bail was moved by
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
