STATE OF KARNATAKA Vs. LAXMINARAYANA BHAT

JUDGEMENT

(1.) Heard the learned High Court Government Pleader. Notice to respondent/accused is dispensed with.

(2.) The present petition has been filed by the State under Section 439(2) of Cr.P.C. for cancellation of bail granted by the Principal Sessions Judge, Udupi in Crime No.118/2019 of Padubidri police station for the offences punishable under Sections 376 and 506 of IPC and also under Section 6 of POCSO Act by order dated 14.01.2020.

(3.) The case of the prosecution in brief is that the daughter of the complainant used to go for tuition class and after return she used to demand for snacks. The complainant used to send her to the Hotel belonging to the respondent/accused, which was near by the house. It is further alleged that whenever the victim used to go to the Hotel of the respondent/accused, she used to return late. On 13.12.2019, the complainant questioned the victim, at that time, she disclosed that the respondent/accused used to make her to wait for some time then he used to take her to the kitchen, there he used to touch her private part and used to insert his finger into her private part. The said act has been done several times by the respondent/accused and she has also disclosed that he has threatened her not to disclose the said act to anybody. In that light, she has not disclosed the same. After coming to know, the complainant disclosed the same with her husband, who was residing at Mumbai. After her husband came to the Village on 21.12.2019, she has registered a case.