IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.10125 OF 2017 BETWEEN:
Mr. MAHESH S/O LATE GUNDA SHETTY AGED ABOUT 37 YEARS R/AT BANNAHALLI VILLAGE C.A.KERE HOBLI, MADDUR TALUK MANDYA DISTRICT – 571 433.
... PETITIONER (BY SRI NAGARAJ DAMODAR, ADV.) AND:
THE STATE BY MADDUR P.S. REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.
... RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.93/2017 OF MADDUR POLICE STATION, MANDYA DISTRICT FOR THE OFFENCE P/U/S. 376(2)(J)(L) OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R A complaint was registered on the basis of the report filed by one Yashodha, who is said to be the sister of the victim. It is stated that there are four daughters to the parents. The victim is the fourth daughter. She is mentally retarded. The complainant is staying in Bengaluru along with her husband and is working in Standard International Garments for the past 14 years. Her mother keeps on visiting the house. Due to variation in the health and activities of the victim, who is said to be mentally retarded, the complainant took her sister/victim to the Hospital regarding biological differences in the body of the victim. It was known to them that she was conceived pregnancy. It is therefore they came to know that the victim was pregnant. But the identity of the accused person was not known. Hence, the case was registered against an unknown person of committing rape on the mental deranged sister of the complainant. According to the statement of the petitioner, the petitioner is said to be in judicial custody since 27.10.2017.
2. At this stage, there are circumstances to proceed against the accused and investigation is not yet completed. The stay of the accused in judicial custody has no relevance to the case on hand. It is not just and proper to consider the application of the petitioner and the allegation against him is serious besides heinous. The application under Section.439 of Cr.P.C is devoid of merits and is rejected.
3. At the same time, learned HCGP is directed to ascertain as to whether the victim who is said to be mentally retarded has made application under Victims Compensation Fund and intimate the same to the Investigating Officer along with a copy of this order.
Sd/- JUDGE ca