STATE OF KARNATAKA Vs. NAGARAJA

JUDGEMENT

(1.) The present petition is filed by the State represented by Yagati police station, Chikkamagalur District, requesting the court to cancel bail granted to the respondent-accused on 10.6.2015 in SPECIAL CASE (POCSO) NO.17/2015 by the I Additional Sessions and Special Judge at Chikkamagalur. Respondent will be referred to as accused in view of his ranking shown in the case filed by Yagati police.

(2.) The facts leading to the filing of the application under Section 439(2), Cr.P.C. are as follows:

(3.) Several grounds have been urged in the present petition filed under Section 439(2), Cr.P.C. It is contended that the learned judge has committed a serious error in granting bail to the accused, though the same judge had rejected his bail application on an earlier occasion during the pendency of investigation. It is argued that the learned judge has not at all considered the statement of the victim girl who had narrated about the incident, in her statement recorded by the magistrate under Section 164, Cr.P.C. The learned judge is stated to have ignored the fact that the victim girl was forcibly taken in an autorickshaw by accused nos.1 and 2 and first accused had assaulted her sexually. The maximum punishment contemplated could be imprisonment for life. The medical opinion given by the doctor is also ignored while granting bail, is the contention.