IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.8032 OF 2019 BETWEEN:
1. RAVI KUMAR, S/O ALKURAPPA, AGED ABOUT 20 YEARS, # 99 NANDIPURA, SONDEKOLA, CHITRADURGA, KARNATAKA – 577555.
2. RAGHU, S/O K H MARAPPA, AGED ABOUT 26 YEARS WORKING AS AGRICULTURE LABOUR NANDIPURA, SONDEKOLA CHALLAKERE, CHITRADURGA KARNATAKA-577555.
3. K H MARAPPA, S/O EERAPPA, AGED ABOUT 57 YEARS WORKING AS AGRICULTURE LABOUR, NANDIPURA, SONDEKOLA CHALLAKERE, CHITRADURGA KARNATAKA-577555 4. ALKURAPPA, S/O HANUMANTHAPPA, #67, NANDIPURA, CHITRADURGA, KARNATAKA -577555. ...PETITIONERS (BY SRI SHANKARAPPA S, ADVOCATE) AND:
STATE OF KARNATAKA, BY CHITRADURGA P.S, REP BY HCGP, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SRI ROHITH BJ, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.59/2019 OF WOMEN P.S., CHITRADURGA FOR THE OFFENCE P/U/S 323, 366A, 506 R/W 32 OF IPC AND SECTION 8 OF POCSO ACT AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard and Perused the records.
2. A complaint came to be lodged by a lady by name Ningamma of Huloor village, Chitradurga taluk, stating that earlier to 16.7.2019 accused No.4 Yallappa has abducted the victim girl and thereafter a complaint came to be lodged in Crime No.34/2019 and after lodging of the complaint the said girl was brought back to the house, but still the said case is under investigation. After lodging of the said complaint on 16.7.2019 when the complainant was not in the house all the accused came in motorbikes and forcibly took the victim girl near a tank in the outskirts of the village and threatened her and assaulted her in order to force her to marry accused No.4. At that time fortunately the witnesses by name, Veeresh, Krishna, Hanumanthappa and Raju have seen the said incident and went there and after seeing them all the accused persons ran away from the spot. The victim girl was also examined under Section 164 Statement. In the statement Under Section 165 of the Criminal Procedure Code she reiterated the same. When such serious allegations are made, in my opinion the petitioners are not entitled to be released on bail, particularly on anticipatory bail. However, it is made clear that if they file any regular bail petition, the same shall be considered in accordance with law, expeditiously.
With this observation, the petition stands dismissed.
Sd/-
JUDGE ykl