IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9145 OF 2024 BETWEEN:

VICTIM, REPRESENTED BY HER FATHER, MAHADEVA S/O MARIYAPPA, AGED ABOUT 45 YEARS, THOTAGALLI VILLAGE, SATHANURU HOBLI, KANAKAPURA TALUKU, RAMANAGARA - 560 028.

…PETITIONER (BY SRI. SHARATH J.M, ADVOCATE)

AND:

1. SHIVAPRASAD T.S, S/O SHIVACHENNAIAH, Digitally AGED ABOUT 25 YEARS, signed by LAKSHMI T R/AT THOTAHALLI, STATE OF KARNATAKA, Location:

High Court SATHANURU HOBLI, KANAKAPURA TALUKU, of Karnataka RAMANAGARA - 560 028.

2. STATE BY MALAVALLI TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT BENGALURU - 560 001.

…RESPONDENTS (BY SRI. THEJESH N, ADVOCATE FOR R1;

SRI. RANGASWAMY R, HCGP FOR R2)

THIS CRL.P IS FILED U/S.439(2) (FILED U/S.483(3)

BNNS) OF CR.P.C PRAYING TO CANCEL THE BAIL GRANTED BY THE HONBLE DISTRICT AND SESSIONS JUDGE (FTSC 2) MANDYA IN SPL.C.C.NO.210/2023 DATED 29.08.2023 FOR THE OFFENCE P/US/ 341, 336, 376(2)(n), 504, 506, 323, 326, 324, 354(D), 114, 34 OF IPC AND SEC.4, 6, 5(1), 12 OF POCSO ACT TO RESPONDENT NO.1 AND ORDER TO ARREST AND COMMIT HIM TO CUSTODY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Heard both sides and perused the material on record. 2. This petition is filed for cancellation of bail granted to respondent No.1 on the ground that the learned Sessions Judge while granting bail has not properly considered the entire material on record and also the statement of the victim recorded under Section 164 of Cr.P.C.

3. Petitioner is the father of the victim girl. First Information Report was registered on a complaint lodged by the victim girl wherein she has alleged that respondent No.1 herein has kidnapped her on 19.12.2022 at about 03:30 p.m., while she was proceeding to the hostel and then committed rape on her. She has further stated that she did not inform the matter to her parents as the accused had threatened her. On 21.02.2023, accused No.2, by name Puttaswamy quarreled with her father and when her brother and mother tried to intervene, other accused persons assaulted them with iron rod, club etc.

4. The charge sheet is filed against respondent No.1 / accused No.1 for offences punishable under Sections 341, 363, 336, 376(2)(n), 504, 506, 323, 326, 324, 354(D), 114, 34 of IPC and Sections 4, 6, 5(L), 12 of the POCSO ACT, 2012.

5. It is the case of prosecution that accused No.1 and the victim girl were in love with each other. On

18.12.2022, accused No.1 by inducing, took her on his motorcycle and in a room situated near Malemahadeshwara temple, committed rape on her. Thereafter, when the accused informed the victim that his parents are not agreeing for the marriage, she tried to commit suicide on 03.01.2023. Further, on 21.02.2023 at about 09:00 p.m., there was a quarrel in which the accused persons assaulted CWs.2 to 6 with iron rob, club etc., 6. Accused is alleged to have kidnapped and raped the victim on 18.12.2022. It appears that there was a quarrel between accused persons and the relatives of the victim, on 21.02.2023. Case was registered on

09.06.2023.

7. The learned counsel appearing for petitioner has contended that even on 13.03.2023 itself, the victim filed a complaint at Sathanuru Police Station which was registered in Crime No.41/2023 and on the point of jurisdiction, case was later transferred. He would rely on the statement of the victim girl recorded under Section

164 of Cr.P.C.

8. The learned Sessions Judge while enlarging the accused on bail has taken into consideration the entire facts and circumstances of the case and also the fact that accused was in custody since 04.05.2023, he is a student studying M.Com. in Bangalore University etc.

9. It appears that accused No.1 and the victim girl were in love with each other. Presently the victim is a major. The accused was granted ba