LAWS(KAR)-2013-3-1

VIJAYKUMAR Vs. STATE OF KARNATAKA

Decided On March 01, 2013
VIJAYKUMAR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These three petitions are filed seeking regular bail and anticipatory bail respectively in Crime No. 8 of 2013 of Kudachi Police Station, Belgaum District, registered on 8-1-2013 for the offences punishable under Sections 376, 420, 313, 323, 324, 504, 506 and 143 read with Section 149 of Indian Penal Code, 1860. One Kumari Reshma is the victim. It is the case of the victim that she was in search of a job. On 19-9-2011 at about 11:00 a.m. when she was in search of a job one person come behind her and offered to secure a good job to her, his name was Vijaykumar Yallangouda Patil. Since the victim was in search of a job, she took the assistance of the said Vijaykumar and thereafter it is her case that the said Vijaykumar took her to his house, where his mother by name Suvarna was present. It is stated in the complaint that in the guise of searching of a job, the said Vijaykumar has made her to consume Thums-up and thereafter he had forcible sexual intercourse with her. It is further stated that the said person and his mother had kept her for about five months on the promise of marrying Vijaykumar. It is also stated by her that on 6-2-2012 at about 10.00 a.m. when the said Vijaykumar refused to marry, a complaint had been given to the Police Station, the said case has been registered and the trial is going on. It is further stated that on 7-2-2012, the victim had undergone abortion at the clinic of Dr. Mahaveer and thereafter one Pundlik and Raju accompanied with the petitioner and again abortion was conducted. It is further stated in the complaint that the accused-Vijaykumar has been refusing to marry her and he has cheated her and therefore, suitable action may be taken against the said Vijaykumar and others.

(2.) The said Vijaykumar and Pundlik are arrested and they are now in the custody, hence, they have filed an application for regular bail. Smt. Suvarna, Smt. Padmawwa and Smt. Yallawwa are the residents of Morab Village, who have also been shown as accused in the complaint, they are seeking for an order of anticipatory bail.

(3.) Heard Sri A.G. Mulawadmath, learned Counsel for the petitioners and also Sri V.M. Banakar, learned Additional State Public Prosecutor appearing for the respondent-State in all the cases.