AYYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Additional State Public Prosecutor.

(2.) THE allegations in the complaint are as follows:-

(3.) THE learned Additional State Public Prosecutor would submit that the matter is under active investigation and the manner in which the complaint has been brought cannot be doubted, as it is evident that the complainant belonged to a very humble background and it is not unusual that in such cases, the victims normally do not even complaint and that one should appreciate the courage of this complainant, who has come forward inspite of dire consequence that would certainly follow insofar as the complainant is concerned. Hence, the enlargement on bail of the present petitioners would only lead to the complainant being punished at their hands and they would certainly influence the complainant and any other witnesses that are available and hence, the court below having rejected bail, is for good reason, especially, in order to prevent the tampering of the prosecution evidence and to prevent influencing the witnesses for the prosecution. Therefore, notwithstanding that there is some delay in the complaint being lodged as the investigation is under way, to enlarge the petitioners at this point of this point, may prejudice the case of the prosecution and hence seeks that the same be dismissed.