MALLIKARJUNA K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking bail in Crime No.154/2020 of Kudligi Police Station registered for the offence punishable under Sections 363 , 109 , 366 read with Section 34 of IPC.

(2.) The case of the prosecution is that one Sri.Nagappa S/o Karibasappa aged about 48 years has filed complaint that he is residing with his family at Gajapura village and the accused persons are also residing in the same street in the same village. He further alleged that the petitioner Sri.Mallikarjuna S/o Krushnappa aged about 30 years always talking with his daughter-victim girl, he advicsed the petitioner not to talk with his daughter but the petitioner did not change his attitude. He further alleged that the informant has informed the parents and family members of petitioner. But the family members of the petitioner have not heeded the same and they co-operated the petitioner herein and abetted him to kidnap the said victim girl. Further the informant alleged that on 01.07.2020 at about 12.30 p.m. at Kottur road, near Kallukunte Katte, informant's daughter went to attend the nature call, she did not return to home. Thereafter, the informant narrated the fact to his son Maruthesha and in turn the said Maruthesh told that when he returned from their land, he saw that his sister victim girl and petitioner were talking with each other at Kottur Road. Thereafter, the informant and his sons went to the house of the petitioner and complained the same before the parents of the petitioner. The accused Nos.2 to 4 in the very said Crime No.154/2020 i.e. the parents and the brother of the petitioner herein replied the informant that they themselves suggested the petitioner to kidnap the victim girl. On the basis of the complaint a case came to be registered in Crime No.154/2020 of Kudligi Police Station for the offences punishable under Sections 109 , 363 read with section 34 of IPC. And on 06.07.2020 the Police have found the petitioner and the victim at Sondur bus stand and took them to Kudligi Police Station and recorded the statement of the victim and the petitioner. The petitioner has filed the bail application in Crl.Miss.No.5207/2020 before the III Addl. Sessions Judge Ballari, sitting at Hosapete and the same is rejected. Therefore, the petitioner-accused No.1 is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent-State.