IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.3163 OF 2017 BETWEEN:
1. Pradeep Kumar S/o late Krishnegowda Aged about 23 years, 2. Ravi S/o Kalegowda Aged about 23 years, Both are R/a Kanchalli Village, Kollegala Taluk, Chamarajnagar District – 571 111. …Petitioners (By Sri.Manjunath N.D, Advocate) AND:
The State of Karnataka Through Rampura P.S Rep by SPP High Court, Bengaluru – 560 0001. …Respondent (By Sri.Chetan Desai, HCGP ) This Criminal Petition is filed under Section 439 of Cr.P.C, praying to enlarge the petitioners on bail in Crime No.12/2017, Ramapura P.S, Chamarajanagar District for the offence P/U/S 498, 366, 376, 114, 506 read with 34 of IPC.
This petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioners and the learned Government Pleader for the respondent.
2. Learned counsel for the petitioners submit that the petition so far petitioner No.1/accused No.1 is concerned may be dismissed as not pressed.
3. So far petitioner No.2/accused No.2 is concerned, he is in judicial custody since 02.02.2017 in respect of Crime No.12/2017 registered by the respondent-police. During the pendency of this petition, charge sheet is submitted to the Court for the offences punishable under Sections 498, 366, 376(F) and 506 read with Section 34 of IPC.
3. The allegation is, petitioners / accused Nos.1 and 2 abducted the victim in a motor cycle at the wee hours on 19.01.2017. Thereupon the accused No.1 committed rape on the victim.
4. Perused the prosecution papers. There is delay of 10 days in lodging the complaint. In that view of the matter, there cannot be corroboration to the prosecution case by the medical evidence.
5. Investigation having been complete, having regard to the nature of the allegation, there is no impediment to allow the petition.
6. The petition so far as Sri.Pradeep Kumar – petitioner No.1/accused No.1 is concerned is dismissed as not pressed.
7. The petition so far as Sri.Ravi – petitioner No.2/accused No.2 is concerned is allowed. Petitioner No.2/accused No.2 is enlarged on bail in Crime No.12/2017 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the concerned court.
(ii) He shall attend the court regularly on all hearing dates.
(iii) He shall not threaten or prevail upon the prosecution witnesses.
Sd/- JUDGE UN