STATE OF KARNATAKA Vs. SHANTHRAJ

JUDGEMENT

(1.) This petition is filed under Sec. 439(2) of Cr.P.C. seeking cancellation of the order of bail by setting aside the order dtd. 10/8/2020 passed on the learned Principal District and Sessions Judge, Chamarajanagar.

(2.) Heard the learned High Court Government Pleader appearing for the petitioner-State and the learned counsel appearing for the respondent.

(3.) The factual matrix of the case is that the victim who is aged about 14 years studying in 9th standard was subjected to the sexual act by this petitioner, who happens to be cousin brother of the victim and incident was taken place on 15/5/2020 and the complaint was given by the victim herself on 18/5/2020 wherein she has narrated about the incident that when she went to attend nature call at about 10.00 p.m., this petitioner entered inside the house and her mother was not in the house and she had been to Sikallpura village and her brothers were also not in the house and taking advantage of the said circumstance, the respondent forcibly held her and closed her mouth and locked the door and made her to fall on the ground and immediately took out the sickle and threatened not to scream and committed the sexual act and after that he threatened not to reveal about the same to anybody and in the meantime, her second brother and aunt knocked the door and the respondent tried to ran away from the place and when the victim's brother tried to hold him, he managed to escape from the spot and hence, the villagers came and told that they would arrange the panchayat but no panchayat was conducted and hence, there is a delay in lodging the complaint.