IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.1192/2019 BETWEEN:
1. Selvakumar S/o Nanjappa Aged abut 32 years R/at Gorrapalam, Bikkampatti Post Pennaagrha Taluk, Darmapuri District Tamil Nadu-636 701.
2. Murugan S/o Perumal Aged about 26 years R/at Gowrichattipatti Bikkampatti Post, Pennaagrha Taluk Darmapuri District Tamil Nadu-636 701.
(By Sri Manjunath G., Advocate-Absent) AND:
State of Karnataka by Bellandur Police Station Bengaluru City-560 102, …Petitioners Represented by learned State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
…Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.95/2018 of Bellanduru Police Station, Bengaluru City, for the offences punishable under Sections 366, 341, 342, 354-B, 376-D, 504 and 506 r/w. Section 149 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioners/ accused Nos.2 and 6 under Section 439 of Cr.P.C. to enlarge them on bail in Crime No.95/2018 of Bellanduru Police Station, for the offences punishable under Sections 366, 341, 342, 354-B, 376-D, 504 and 506 r/w 149 of Indian Penal Code.
2. Learned counsel for the petitioner/accused has remained absent though several opportunities have been give since 8.8.2019. the petition cannot be dismissed for default and as such I have heard the learned High Court Government Pleader.
3. One Chandregowda filed the complaint on 19.3.2018 stating that he is residing at SJR Apartments and on 18.3.2018 as usual he loaded the water from the borewell and at about 8.30 p.m. after unloading he came back to Kasavanahalli road and parked the said water tanker for the purpose of loading. There he saw three persons standing by the side of white Colour Indica Vistara Car by smoking the cigarette and also making huge sound. At that time the victim came from college side by walk and those three persons intercepted her and tried to talk with her. She started making hue and cry. Immediately the said three persons caught hold of her and pushed inside the car and went away from that place. At that time the victim making hue and cry and she has stretched the leg outside the car. On the basis of the complaint a case has been registered, thereafter the victim was traced and her statement was recorded.
4. It is contended in the petition that a false and baseless complaint has been registered against the petitioners/accused. Victim was aged about 28 years. The area from which she has been said to have been kidnapped is a busy area. As per the complaint the alleged incident has taken place on 18.3.2019 at about 8.30 p.m., but the complaint has been registered on the next day at about 9.00 a.m. That itself creates a suspicion in the case of the prosecution. It is his further contention in the petition that the victim’s statement initially given to the Hebbagodi Police Station and subsequently it was transferred to another police station. She has not sustained any grievous injuries and her statement has recorded belatedly on 21.3.2018 and when she has been examined on 19.3.2018 there were no signs of recent sexual assault and the medical evidence is also negative. On these grounds he prayed to allow the petition and enlarge them on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused along with other accused persons eloped the victim and have sexually assaulted her and even the medical record also corroborates with the statement of the victim. It is his further submission that 164 statement of the victim clearly goes to show that accused persons have sexually assaulted her and 15 injuries were found over the body of the victim. It is his further submission that the Test Identification Parade was conducted and in the said Test Identification Parade the victim has identified the accused/petitioners including the other accused persons. Prima facie material is there and it is a gang rape. There are no good grounds to release them on bail. It is his further submission that earlier the petitioner accused No.2 has approached this Court in Criminal Petition No.4465/2018 and this Court by order dated 15.9.2018 has dismissed the petition. There are no good grounds to again reconsider the bail application. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the petition as well as the other material which has been made available.
7. The records go to show that accused No.2 has approached this Court in Criminal Petition No.4465/2018. This Court considering the material of the accused dismissed the petition. No news grounds have been made to re-entertain the petition.
8. Be that as it may. Even as could be seen from the statement recorded under Section 164 of Cr.P.C., she has categorically stated with regard to sexual assault committed by the accused persons and it is the gang rape. Even the medical reports also clearly go to show that she has been shown in St.John’s Medical College hospital, Bengaluru and the victim has sustained injuries over her body including her private parts. Doctor has also opined that there is recent sexual assault on her.
9. By considering the said case and seriousness involved, I feel that the petitioners have not made out any good grounds to enlarge them on bail.
Hence, the petition stands dismissed.
Sd/- JUDGE *AP/-