LALITHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439(2) of Cr.P.C praying this Court to quash the impugned order dtd. 10/8/2021 in Crime No.56/2021 on the file of V Additional District and Sessions Judge, D.K., Mangaluru, sitting at Puttur, D.K., and direct respondent No.1 police to arrest respondent No.2 and commit him to the custody.

(2.) Heard the learned counsel for the petitioner, the learned High Court Government Pleader appearing for respondent No.1-State and the learned counsel for respondent No.2.

(3.) The factual matrix of the case is that accused No.1 has been prosecuted for the offence punishable under Ss. 376(2), 506 and 384 of IPC and Ss. 4, 5(f), 6, 8 and 14 of Protection of Children from Sexual Offences Act, 2012 CPOCSO Act' for short) and Sec. 67(b) of the Information Technology Act. The allegation made against respondent No.2 herein/accused No.1 is that he being the lecturer of the victim student College, subjected the victim girl for sexual act with the help of his wife and she was made naked and photograph was also taken and the caused life threat not to disclose the same to anybody and subsequently, on several occasions subjected her for sexual act. The victim girl stated that when he demanded money, she has stolen an amount of Rs.10,000.00 from the house and given to respondent No.2. Based on the complaint, case has been registered against both respondent No.2 and also his wife, who is arraigned as accused No.2. During the crime stage, respondent No.2 herein has filed an application for grant of bail and also sought for interim bail and interim bail was not granted and on the next day, the Trial Court considered the material and passed the order enlarging him on bail. Hence, the present petition is filed under Sec. 439(2) of Cr.P.C. for cancellation of the bail.