State challenged bail granted to respondent accused for offences under IPC, POCSO Act and PCM Act. Court noted no material regarding similar offences or bail conditions violation and summarised that trial is nearly complete. Criminal petition dismissed.
Criminal petition filed for cancellation of bail is dismissed.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION NO.11 OF 2021
BETWEEN:
STATE OF KARNATAKA THROUGH CHAMARAJANAGARA EAST POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
... PETITIONER
(BY SRI K. NAGESHWARAPPA, H.C.G.P.)
AND:
SOMANNA S/O. DODDASHETTY, AGED ABOUT 26 YEARS, RESIDING AT HONGANURU VILLAGE, CHAMARAJANAGAR TALUK – 571 313.
... RESPONDENT
(BY SRI M.S. BASAVARAJU, ADV.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF THE CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 17-6-2019 IN CRIME NO.115 OF 2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA, AND CANCEL THE SAID ORDER OF BAIL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376N OF THE IPC, SECTIONS 4, 6, 12 AND 17 OF THE POCSO ACT AND SECTIONS 9, 10 AND 11 OF THE PROHIBITION OF CHILD MARRIAGE ACT AND DIRECT THAT THE RESPONDENT-ACCUSED BE ARRESTED AND COMMITTED TO CUSTODY.
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THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed by the State under Section
439(2) of the Code of Criminal Procedure, 1973, for cancellation of the bail granted to the respondent-accused by the Principal District and Sessions Judge, at Chamarajanagar, on 17-6-2019 in Crime No.115 of 2019 registered by Chamarajanagar East Police Station for the offences punishable under Sections 376N of the Indian Penal Code, 1860, under Sections 4, 6, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012, and under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006.
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4
Officer is left out and the victim has not supported the case of the prosecution.
Accordingly, the petition is dismissed .
kvk
1 issue framed by the court
Whether bail should be cancelled under Section 439(2) Cr.P.C. in a case involving offences under IPC, POCSO Act and Prohibition of Child Marriage Act.
5 provisions across 4 enactments
STATE OF KARNATAKA THROUGH CHAMARAJANAGARA EAST POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR
SOMANNA S/O. DODDASHETTY
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
