MEVINDI VEERESHA Vs. HARIHAR TOWN POLICE STATION

JUDGEMENT

(1.) The petitioner is knocking at the doors of this Court calling in question an order dtd. 7/3/2024 passed by the Additional District and Sessions Judge, FTSC-I, Davangere in Special Case No.714 of 2023 cancelling the bail order dtd. 31/8/2023 granted in his favour.

(2.) Facts, in brief, germane are as follows:-

(3.) The crux of the charge against the petitioner was that accused No.1 is known to the family of the complainant. On 13/6/2020 accused No.1 kidnapped the daughter of the complainant and committed sexual assault. This goes on for a long time. Every time sexual assault happened against the daughter of the complainant, accused No.1 used to come in the Scorpio vehicle along with the petitioner and take the victim. This was the gist of the complaint. The petitioner was not alleged of commission of rape under Sec. 376 (2)(n) of the IPC or Ss. 4 and 6 of the Act. The allegation against him is abetment to the said offence and kidnapping. The petitioner was, on the said ground, enlarged on bail by an order of the concerned Court on certain conditions. Alleging that the conditions have been violated, the prosecution moves an application before the concerned Court seeking cancellation of bail under sub-sec. (2) of Sec. 439 of the Cr.P.C. The concerned Court cancels the bail in terms of its order dtd. 7/3/2024. It is, therefore, the petitioner is before this Court in the subject petition.