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S. VISHWAJITH SHETTY
Informant D/o Krishnappa V – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
1. This petition under Section 439(2) of Cr.PC is filed by the informant/victim with a prayer to cancel the bail granted to respondent no.2 on 30.12.2022 by the Court of Additional District & Sessions Judge, FTSC-II, Mandya, in Spl. Case No.223/2022 arising out of Crime No.120/2022 registered by Maddur Police Station, Mandya District, for the offences punishable under Sections 354D, 376(3), 376(2)(n), 450, 366, 506, 420 of IPC and Sections 4, 6 & 12 of the Protection of Children From Sexual Offences Act, 2012 (for short, 'POCSO Act').
2. Heard the learned Counsel for the parties.
3. 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.
4. In the written information, it is averred that in the year 2014, when the informant was studying in 9th Standard, she got acquainted with respondent no.2 who was working as a Warden in Social Welfare Department. He used to often visit the informant's house and he also allege
Mandatory requirement of issuing notice to the complainant/victim/informant in bail applications under specific sections of IPC and POCSO Act, and the need for effective compliance with legal provisi....
The importance of complying with mandatory provisions of the law, recording reasons for granting or denying bail, and applying judicial mind in bail matters.
The court affirmed that while the victim must be informed of bail proceedings under the POCSO Act, they are not required to be included as a party to such applications, promoting their rights to repr....
The court established that under the S.C./S.T. (P.A.) Act, it is mandatory to provide notice to the informant/victim before hearing a bail application, ensuring their right to be heard in the proceed....
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Issuance of prior notice to victim/complainant for suspension of sentence in pending appeal preferred by the appellant/accused convicted under the offences against woman or child punishable under the....
Court mandates victim notification in bail applications under POCSO to uphold justice and victim rights.
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