UMAR FAROOQUE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under 439 of Cr.PC is filed by the accused No.3 to enlarge him on bail in Crime No.14/2023 pending on the file of the IV Addl. Civil Judge and JMFC Court, Vijayapura for the offences punishable under Ss. 363, 376-D(L), 323 , 504, 506 read with Sec. 34 of IPC.

(2.) Heard the learned counsel for the petitioner - accused No.3 and the learned High Court Government Pleader for the respondent - State.

(3.) The summary of the charge sheet is that, three accused came near the bus stand where the victim was waiting to alight the bus proceeding to Hirebegur, and informed the victim that, there was no bus available at this time and the bus to the destination will be available at new bus stand, and offered her to drop to the new bus stand. Thereafter, they took her to the bazar and offered water, and forced her to remove her cloths and when she resisted, they assaulted her and committed forcible sexual intercourse. Initially, the FIR was lodged against the unknown person and when she was sent for medical examination, she has stated as follows: