CHANNAPPA G ANAGADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioner has sought for bail under Section 439 of crl. P.c. it is the case of the prosecution that on 5-6-1992 at about 10 p.m. the complainant Smt. Khajabi was waiting at bijapur bus stand, one blue jeep run by one sangappa basappa poojari along with the petitioner was on the way. The complainant made a hand signal and the said jeep was stopped. The driver of the jeep enquired her why and where she wanted to go. The complainant informed that she has to go to sindagi. Then the driver and the petitioner assured that they will take her to sindagi, took the complainant in the jeep, stopped after one kilometer and both the jeep driver and the petitioner committed rape on the complainant and thereafter again they travelled in the same jeep and on the way again twice they committed rape on the complainant. The jeep went out of order near bijapur railway line. At that time a police jeep came there and the police enquired the complainant. She gave the name of the petitioner and the other person. Thereafter a crime was registered. The jeep driver and the petitioner were arrested on 6-6-1992 at about 2.15 p.m. the petitioner was remanded tojudicial custody. He moved the court of session, bijapur in crl. Misc. No. 194 of 1992 for bail. The same was rejected by Order, dated 27-6-1992. But the sessions judge granted bail for sangappa basappa poojari by his Order, dated 17-6-1992 in crl. Misc. No. 181 of 1992.

(2.) the grievance of the petitioner is that a reading of the complaint does notreveal any injuries on the body of the victim and he will abide by the conditions that may be imposed and that he is a permanent resident of bagalkot and when one of the accused has already been released, there is no justification to reject his prayer.

(3.) the accused persons involved in this offence for committing rape on thevictim are, one a business man and another a jeep driver. A helpless woman waiting in the bus stand was assured that she will be taken to the place of her destination. They made her to sit in the jeep and her helplessness was exploited by outraging her modesty for no fault of her, a stigma was attached to her character, for which a woman lives throughout her life and this is a crime against morality and the society. Therefore, for the preservation of the social value, heritage and for an orderly society a serious view has to be taken whenever crimes are committed on women when she was in helpless condition. The victim was made to sit in the jeep on a false promise to satisfy the lust of the accused persons.when the driver of the jeep applied for bail before the court of session in crl. Misc. No. 181 of 1992 the case was set down for objections on 15-6-1992. Objections were not filed. Then the case was adjourned to 17-6-1992. The public prosecutor conceded for grant of bail, subject to certain conditions. Therefore the petition was allowed on the submission of the public prosecutor and enlarged the 2nd accused on bail on executing a bond for a sum of Rs. 5,000/- with a surety for the like sum to the satisfaction of the lower court with a direction not to tamper with witnesses and not to abscond and to report to the g.c.p.s. on 1st and 15th of every month from 8 a.m. to 8 p.m. in respect of the other accused (the petitioner herein) the learned sessions judge rejected the bail.