A.D. TATED, J.:---The petitioner is the accused in Sessions Case No. 6 of 1987 pending on the file of the Additional Sessions Judge, Kolhapur (Shri B.D. Kadam), for the offence punishable under section 376 I.P.C. This is his second petition under section 407(1)(a) (c) Cri.P.C. for the transfer of the sessions case from Kolhapur to the Sessions Court at Greater Bombay or to any other Sessions Court in any district of Maharashtra at a reasonable distance from Kolhapur.

2. The facts giving rise to the present petition are that the petitioner-accused was arrested on 24th September, 1986 by Shahupuri Police Station, Kolhapur, in C.R. No. 274 of 1986 which was registered on the same day on the report of the parents of one Chitragandha Shrikant Deshpande, a minor girl (hereinafter referred to as 'the minor girl'), who is alleged to have been raped by the accused. On the same day medical examination of the minor girl alleged to have been raped and that of the accused was conducted. The news of the alleged rape by the accused on the minor girl was published in the newspaper "Dainik Sakal" on 25th September, 1986. Thereafter there was lot of agitation at Kolhapur. While the accused was in custody his house was also stormed by a mob consisting of large number of persons from Kolhapur. Similarly, morchas were taken to the Civil Hospital, Kolhapur, and to the office of one Mr. J. J. Bardeskar, an Advocate from Kolhapur, who had appeared for the accused for moving for bail. Morchas were also taken to the Bar Association at the District Court, Kolhapur, and also at the residence of the said Mr. Bardeskar. There was lot of commotion at Kolhapur and all this was reflected in newspapers. The application of the accused for bail was rejected by the learned Additional Sessions Judge and ultimately he was released on bail by this Court on 28th October, 1986 and while releasing him on bail, at the request of the learned Public Prosecutor, this Court had directed the petitioner to remain out of Kolhapur and Shiroli, where the petitioner had his factory, about 13 Kilometres from Kolhapur, for a period of 25 days. This was done because there was lot of commotion at Kolhapur against the petitioner and there was likelihood of breach of peace, and when this was brought to the notice of this Court by the learned Public Prosecutor, the aforesaid direction was given by this Court to the petitioner while releasing him on bail. The charge sheet was filed against the accused on 24th October, 1986 for the offences punishable under sections 376 and 342 I.P.C. On 3rd January, 1987 the case was committed to the Court of Sessions at Kolhapur. On 2nd February, 1987 the petitioner moved Criminal Application No. 210 of 1987 in this Court for transfer of his case from Kolhapur. The hearing of that petition commenced before my learned brother Puranik, J. on 28th April, 1987, and continued till 29th April ,1987. In between there was Summer Vacation and the further hearing was continued on 17th June, 1987 and on that day the case was closed for judgment, and judgment was delivered on 30th November, 1987 whereby the petitioner's application was dismissed. The petitioner moved the Supreme Court on 11th December, 1987 against the judgment and order of this Court dismissing his petition for transfer of his case from Kolhapur. That petition was heard and dismissed by the Supreme Court on 11th April, 1988.

3. The case of the petitioner accused is that after his special leave petition was dismissed by the Supreme Court he approached some criminal lawyers in Bombay and elsewhere with a request to accept his brief and when they learnt about the agitation against him in Kolhapur, they expressed their reluctance to appear for him at Kolhapur. Ultimately, the petitioner succeeded in engaging Shri R.D. Ovalekar, an experienced lawyer from Bombay. Shri Ovalekar accepted the brief and agreed to defend the petitioner at Kolhapur, and he stated at the time of accepting the brief th