RANJITH S/O SRI. BORAIAH Vs. STATE BY MADDUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001

JUDGEMENT

(1.) IN this petition filed under Section 439 Cr.P.C., petitioner Nos.1 and 2, arraigned as accused Nos.1 and 3 in Crime No.86/2012 of Maddur Police Station, Mandya District registered initially for the offences punishable under Sections 366A and 114 read with 34 IPC and subsequently offence punishable under Section 376 IPC having been added, have sought for relief of bail since their application filed before the learned Sessions Judge for similar relief came to be rejected by the learned Sessions Judge. According to the case of the prosecution, one lodged a report on 7.2.2012 to the effect that his niece (elder sister's daughter) who left the house at 9L00 a.m. on the previous day stating that she would go to the school, has not come back. He also suspected that the girl must have been kidnapped by one Raiijith son of Krishnegowda, the first petitioner herein and his associates namely Ramesh son of Somanna and Kiran son of Chandru. the second petitioner herein. Based on the said report, the, aforesaid case came to be registered and investigation was taken up. During investigation, the victim as well as accused No.1 were traced together in Vanachal Tea Estate at Galibeedu on 22.2.2012. Thereafter, the statement of the victim was recorded and accused No 1 was subjected to judicial custody. Subsequently, the second petitioner was also apprehended and later subjected to judicial custody. On the basis of the statement of the victim, on offence under Section 376 IPC was also added since her statement revealed that she had been subjected to sexual act by the first petitioner while they were staying in labourer's quarters situated in Vanachal Tea Estate.

(2.) THE petition is opposed by the respondent - State.

(3.) IT is brought to the notice of this Court that after completing investigation, now the Investigating Officer has filed the charge sheet for the aforesaid offences.