The Kerala High Court rejected the State's petition to cancel bail granted to an accused charged with sexual assault and rape of a minor girl, ruling that no sufficient grounds existed to invoke Section 439(2) Cr.P.C.
Released to the accused from the order to arrest and commit to custody. No conditions to be imposed at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 24TH DAY OF MARCH, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION No.100248/2021
BETWEEN:
STATE OF KARNATAKA THROUGH MUNDGOD POLICE STATION DISTRICT UTTAR KANNADA, KARWAR, NOW REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA DHARWAD BENCH
...PETITIONER
(SRI. RAMESH B.CHIGARI, HCGP)
AND:
MANJUNATH S/O SHANMUKH TALAWAR AGE 24 YEARS, OCC COOLIE, R/O CHALAWADI GALLI MALAGI-581346, TQ MUNDGOD NOW AT RAMANABAIL, SIRSI.
…RESPONDENT
(NOTICE SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF CR.P.C., SEEKING TO SET ASIDE THE ORDER PASSED IN SPL. CASE NO.03/2019, DATED 29/01/2020
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PASSED BY THE SPECIAL JUDGE AT UTTAR KANNADA, KARWAR AND DIRECT THE CONCERNED POLICE AUTHORITIES TO ARREST THE RESPONDENT / ACCUSED AND COMMIT HIM TO CUSTODY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R
The State of Karnataka represented by the learned High Court Government Pleader has filed this petition seeking cancellation of bail granted in favour of the accused by setting aside the order dated 29/1/2020 passed in Special Case No.3/2019, by the learned Special Judge, Uttar Kannada, Karwar (for short ‘the Trial Court’), registered for the offences punishable under Sections 376 and 448 of Indian Penal Code (hereinafter referred to as ‘the IPC' for the sake of brevity) and also under Sections 4 and 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'the POCSO Act' for the sake of brevity).
registered Crime No.183/2018 against the accused, who is arrayed as respondent herein, for the offences punishable under Sections 376 and 448 of IPC and also under Sections 4
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and 6 of the POCSO Act on the basis of the first information lodged by the first informant.
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that the victim was a minor and the accused committed heinous offence which is either punishable with death or imprisonment for life. Under such circumstances, the Trial Court could not have enlarged the accused on bail.
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Accordingly, he prays for allowing the present petition canceling the bail already granted in favour of the accused and to direct the investigation officer to apprehend him.
Government Pleader, the point that would arises for my consideration is:
“Whether the bail granted in favour
of respondent/accused by the Trial Court is liable to be cancelled?”
My answer to the above point is in ‘Negative’ for the following:
REASONS
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the investigation is completed and detention of the accused in custody is not required for any purpose.
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impugned order. Under such circumstances, I do not find any merits in the petition filed by the petitioner. Hence, I answer the above point in the ‘Negative’.
The Criminal Petition is dismissed.
It is needless to state that, in case, if the accused violates any of the conditions imposed under the impugned order, the State will be at liberty to seek cancellation of bail on such ground.
Sd/JUDGE
Vmb
2 issues framed by the court
Whether the bail granted in favour of the respondent/accused by the Trial Court is liable to be cancelled under Section 439(2) of Cr.P.C.
Whether the offence being serious and punishable with life imprisonment precludes the Trial Court from granting bail.
3 provisions across 3 enactments
STATE OF KARNATAKA THROUGH MUNDGOD POLICE STATION
MANJUNATH S/O SHANMUKH TALAWAR
M.G.UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
