STATE Vs. KUMARA

JUDGEMENT

(1.) The present petition is filed by the State requesting the court to cancel the bail granted to the respondent -accused by the III Additional Sessions Judge, Hassan, in Crl. Misc. 145/03 on 16.12.2014 in a criminal case in Crime No. 273/14 filed by Alur police station, Hassan District, for the offences punishable under Ss. 506 and 376, I.P.C.

(2.) The allegation made against the respondent -accused is that on 12.8.2014 at 5.30 p.m., accused forcibly dragged the complainant lady to the land in Survey No. 131/1 of Halebelur village in which maize crop was standing, and raped her. It is further alleged that he threatened to kill her if she were to inform about the same to anybody. It is stated that the victim lady came to Bengaluru and lodged first information 3 days after the alleged incident and the case was registered and transferred to Alur police station. After concluding investigation, charge sheet is filed for the above said offences.

(3.) Four months after his arrest, the accused chose to file an application under Sec. 439, Cr.P.C. seeking regular bail before the sessions court, Hassan, and he is enlarged on bail. The reasons assigned by the learned sessions judge are found at paragraph 10 at pages 4 and 5 of the order.