VIJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by accused No.5 under Section 439 of Cr.P.C. to release him on bail in Crime No.26/2020 of Women Police Station, Shivamogga for the offences punishable under Sections 363 , 366 , 379DA , 342 r/w. Section 149 of IPC and Sections 4, 6 and 12 of POCSO Act.

(2.) I have heard Sri Harish, learned counsel for Sri Prasad B.S., learned counsel for the petitioner-accused No.5 and Sri R.D.Renukaradhya, learned HCGP for respondent No.1-State. Though notice has been served on respondent No.2-complainant, she has remained unrepresented.

(3.) The gist of the complaint is that on 22.2.2020 at about 12.30 p.m., victim left her house to get the ATM card in SBI Bank and as the Bank was closed, she went to the house of her friend situated near the private bus stand, Shivamogga. As nobody was there at the house of her friend, the victim returned to private bus stand, Shivamogga to go to her village. At the said bus stand, accused No.7 introduced himself to the victim and he took her to a hotel and cinema theatre. Thereafter, he took her to Kaduru in a bus on the pretext of taking her to his house. Accused No.7 took her to Railway Station in Kadur and he went away stating that he would bring food to her. Thereafter, he has not returned. On that night, the victim spent time at Railway Station. On 23.2.2020, she came to Shivamogga in a train and while she was waiting for bus in a private bus stand, Shivamogga, to go to her village, accused No.1 and another person came to her and accused No.1 introduced himself to the victim and thereafter accused No.1 took her to Gandhi Park in an auto and then, he took her to cinema theatre. Thereafter, he brought the victim to the bus stand and at that time it was 11.30 p.m. Accused No.1 stated that she could not get the bus and asked her to stay in Shivamogga. Then, accused No.1 took the victim to a Lodge in Shivamogga and committed rape against her will. Accused No.1 called accused No.2 over phone and asked him to come to the Lodge. Accordingly, accused No.2 came to the Lodge. At that time, accused No.1 went out of the room and accused No.2 also committed rape against her in the said room. Thereafter, accused No.2 was talking over phone with somebody and went away. Then, on that night, accused Nos.3, 4 and 5 (petitioner herein) who were working in the said Lodge have committed rape on her one after another. On the next day morning, accused No.1 left the victim in the bus stand, Shivamogga. The victim was wandering in the bus stand from morning till evening on 24.2.2020. In the evening accused No.6 introduced himself to the victim and she informed the whole incident to him. He consoled her and took her to his room and on that night he has committed rape against her will. The victim was in the room of accused No.6 for 4 days. On 28.2.2020, she came to private bus stand, Shivamogga and went to the house of her grandmother, situated in Honnali Taluk. On 2.3.2020 she returned to Shivamogga and while she was standing near a hotel in B.H. Road, Shivamogga, at 12.30 p.m., a person by name Manju, who is familiar to her enquired her and he informed to her mother. On the basis of the complaint, a case has been registered.