IRAYYA Vs. RAMESH

JUDGEMENT

(1.) This criminal petition is filed by the father of the victim girl under Sec. 439(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short) for canceling the bail of respondent no.1/accused granted by II Addl. District and Sessions Judge, Bagalkot in Mudhol P.S.Crime No.43/2022(POCSO) for the offence punishable under Ss. 363 , 354(B) , 354(C) , 354(D) , 342 , 376(1) , 376(2)(J) , 506 of Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for short) and under Ss. 4 and 6 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred as 'POCSO ACT' for short.)

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

(3.) The case of the petitioner is that the victim girl aged about 16 years said to be studying in I PUC and she was sent to her aunts house for study purpose. From her aunt's house she was attending the classes. Respondent no1-accused said to be younger brother of her maternal uncle i.e. younger sister of her mother's husband brother is none other than junior uncle or younger brother is co-brother of the petitioner.