IMPORTANT POINT
Cancellation of bail – Favourable order obtained by suppressing facts cannot be allowed to stand.

ORDER

This petition is filed under Section 439(2) of Cr.P.C praying this Court to cancel the bail order dated 30.06.2023 passed in favour of respondent No.2 in Crl.Misc.No.5631/2023 by the LIII Additional City Civil and Session Special Judge, Bengaluru for the offences punishable under Section 376, 417, 323 and 506 of IPC registered by the Mahadevapura Police Station in Cr.No.80/2022.

2. The factual matrix of the case of the petitioner before the Trial Court that she has filed a private complaint against respondent No.2 stating that respondent No.2 is working as a police constable in the very same police station i.e., Mahadevapura Police Station. He came in contact with the complainant in connection with the issue of vacating the premises and he has promised the victim that he would marry her and on that guise, respondent No.2 subjected the complainant for sexual act continuously from 2019 till February 2022. When respondent No.2 has not married the complainant, on 14.02.2022, she gave the complaint before respondent No.1-police station. It the case of the complainant that firstly, on 14.02.2022, she had approached the Police Inspector at Mahadevapura Police Station alleging cheating and subjecting her for sexual act by respondent No.2 from 2019 to 2022 and when the action was not taken, the complainant had approached the Police Commissioner and when the Police Commissioner also failed to take any action against respondent No.2, once again she gave another complaint on 24.02.2022 before the Deputy Commissioner of Police, Bengaluru and on the said complaint also, action was not taken. Hence, without any other alternative, the complainant had approached the jurisdictional Court by filing a private complaint and the learned Magistrate referred the matter for investigation under Section 156(3) of Cr.P.C. Thereafter, respondent No.2 had approached the Sessions Court by filing a petition in Crl.Misc.No.3084/2022 under Section 438 of Cr.P.C and the Sessions Judge granted the anticipatory bail on 04.04.2022. The said order was challenged before this Court by the petitioner in Crl.P.No.4320/2022 and this Court in elaborate discussion, taking into note of the material available on record, cancelled the bail granted by the Trial Court vide order dated 01.07.2022.

3. It is also contended in the present petition that when this Court has cancelled the bail, respondent No.2 by suppressing the said fact, had filed the writ petition in W.P.No.13787/2022 before this Court under Section 482 of Cr.P.C seeking for quashing of FIR filed in Cr.No.80/2022 wherein he had obtained an order of stay on 25.07.2022. Thereafter, the complainant came on record and narrated all the material facts before this Court and accordingly, this Court vacated the stay order granted on 25.07.2022 vide order dated 15.03.2023 wherein an observation is made that by suppressing the order passed by this Court in Crl.P.No.4320/2022, he had obtained an order of stay of the investigation. The counsel also would vehemently contend that respondent No.2 had played fraud upon this Court by suppressing the material facts.

4. The counsel brought to notice of this Court that this Court vide order dated 15.03.2023 having noticed the suppression of facts and playing fraud on the Court, vacated the interim order when the submission was made by the counsel for petitioner that respondent No.2 is absconding and also complainant counsel brought to notice of this Court that he has managed to evade arrest despite passage of four months. This Court held that it prima facie appears that the concerned have laid a protective umbrella to the petitioner, to evade such arrest, only because respondent No.2 belonged to the police department. Hence, directed to the Deputy Commissioner of Police of the jurisdiction to submit an explanation before this Court as to why respondent No.2 is not taken into custody despite the clear order of this Court that it should be implemented forthwith and the explanation