Case Note & Summary
The petitioner, the informant/victim, filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka at Bengaluru, seeking cancellation of bail granted to respondent no.2 (accused no.1) by the Additional District & Sessions Judge, FTSC-II, Mandya, on 30.12.2022 in Spl. Case No.223/2022. The case arose out of Crime No.120/2022 registered by Maddur Police Station, Mandya District, for offences punishable under Sections 354D, 376(3), 376(2)(n), 450, 366, 506, 420, 504 of the Indian Penal Code, 1860 (IPC) and Sections 4, 6, and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The victim, aged about 21 years, had submitted a written information on 18.05.2022 alleging that in the year 2014, when she was a minor, the accused and others committed sexual offences. The accused was granted bail by the Sessions Court. The victim then approached the High Court for cancellation of bail, arguing that the accused might misuse liberty or tamper with evidence. The High Court heard the learned counsel for the parties. The court noted that the grounds raised for cancellation were the same as those considered at the time of granting bail. The court held that cancellation of bail requires supervening circumstances or violation of bail conditions, which were not established. The petition was dismissed, and the bail granted to the accused was upheld.
Headnote
A) Criminal Procedure Code - Cancellation of Bail - Section 439(2) CrPC - Bail Cancellation - The petitioner sought cancellation of bail granted to the accused for offences under IPC and POCSO Act. The court held that cancellation of bail requires supervening circumstances or violation of bail conditions, and the same grounds used for granting bail cannot be re-agitated. The petition was dismissed as no such grounds were made out. (Paras 1-6) B) Protection of Children from Sexual Offences Act, 2012 - Bail - Sections 4, 6, 12 - POCSO Act - The accused was granted bail by the Sessions Court. The victim filed a petition for cancellation. The High Court found no material to show that the accused had misused the bail or violated conditions. The petition was dismissed. (Paras 1-6)
Issue of Consideration
Whether the bail granted to the accused under the POCSO Act and IPC should be cancelled under Section 439(2) CrPC on the grounds of misuse of liberty or supervening circumstances.
Final Decision
The petition is dismissed. The bail granted to respondent no.2 (accused no.1) by the Additional District & Sessions Judge, FTSC-II, Mandya, on 30.12.2022 in Spl. Case No.223/2022 is upheld.
Law Points
- Cancellation of bail requires supervening circumstances or violation of bail conditions
- Bail once granted cannot be cancelled on same grounds as rejection
- Section 439(2) CrPC requires strong grounds for cancellation
