- (1.) This petition is filed by the complainant-victim under Section 439(2) of Cr.P.C. to cancel the order dated 03.04.2019 in Criminal Miscellaneous No.690 of 2019 passed by the III Additional District and Sessions Judge and Special Court, Under POCSO Act, Belagavi granting bail to accused/respondent No.1 for the offence punishable under Sections 376 , 420 and 506 of IPC and Section 4 and 6 POCSO Act, 2012.
(2.) The facts leading to this petition are that the learned III Additional District and Sessions Judge and Special Court, Under POCSO Act, Belagavi passed an order dated 03.04.2019 granting anticipatory bail to accused/respondent No.1 subject to certain terms and conditions. Being aggrieved by the said order, the petitioner/complainant has filed this petition for cancellation of bail mainly on following grounds : (1) The prosecution has mislead the Court by stating in the objections that the investigation is completed and charge sheet is filed. (2) The learned Sessions Judge misconstrued the facts of the case on the reason that the alleged offences are not punishable with death or life imprisonment. (3) The accused is not required for custodial interrogation. (4) The accused has violated the bail conditions by making an attempt to cause threat to the life of the complainant/victim.
(3.) Heard the learned counsel for the complainant/ petitioner and the learned counsel appearing for the respondent No.1-accused and also the learned HCGP for respondent No.2-State.;