MADHUKUMAR @ MARIBOND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner who is arraigned as Accused No.5 in S.C.No.252/2019 arose out of Crime No.38/2019 of Kuvempunagar Police Station, Mysuru for the offence punishable under Sections 376(D), 307, 397, 120B and 201 of IPC. The accused is in judicial custody since from the date of his arrest. Therefore, the counsel for the accused is praying for grant of regular bail amongst the grounds urged therein.

(2.) Heard learned counsel for the petitioner and learned HCGP for respondent - State appearing through video conferencing.

(3.) It is transpired in the charge sheet laid by the IO against the accused in C.C.No.4507/2019 that the victim girl by name Kum.Nethravathi who lodged the complaint against the accused persons stated that she had been working in the software office by name PB Solutions situated at Saraswathi Puram, 14th Main Road, Mysuru. She fell in love with CW.2 - Shivakumara who is cited as a witness in the charge sheet. He came into contact with the accused namely Karthik Gowda and he introduced another girl as his fianc e by name Anusha. They were chatting with each other often. On 12.04.2019, she joined Gupta Lodge as a Receptionist. She was having some financial crisis, therefore, she requested the said Karthik Gowda for some loan and in fact through the said Anusha, an amount of Rs.2,000/- was received by her as loan. The said Karthik gowda often started demanding the said amount. In this context on 08.05.2019, there was some telephonic conversation in between Karthik gowda and Kum.Nethravathi to pay the said loan amount. However, CW.2 - Shivakumara along with Kum.Nethravathi went to the house of Karthik Gowda and found his house was locked. Thereafter, the victim girl and CW.2 were returning. While returning, CW.2 stopped the motorcycle near a ring road, as the complainant intended to attend to nature call. At that time, it is alleged that 4 to 6 persons came and attacked the victim - complainant, raped and assaulted her. The same reveals in the charge sheet laid by the IO. On all these allegations, the IO investigated the case thoroughly and laid the charge sheet against the accused persons before the concerned committal court. This petitioner is arraigned as Accused No.5.