M.R. SUDHAKARA Vs. STATE

JUDGEMENT

(1.) Accused nos.1 and 2 in Crime No.49/2023 registered by Rayalpad Police Station for the offences punishable under Ss. 506, 504, 120B, 143, 147, 148, 149, 323, 324, 332 , 353, 354, 363, 427 IPC, are before this Court under Sec. 438 Cr.PC seeking anticipatory bail.

(2.) Heard the learned Counsel for the parties.

(3.) On the basis of the statement given by one Kiran Kumar.P., Head Constable of Rayalpad Police Station, recorded on 11/6/2023, the Rayalpad police have registered FIR in Crime No.49/2023 against 16 named accused and others for the aforesaid offences. In his statement, Kiran Kumar has stated that on 10/6/2023, the Police Sub-Inspector of Rayalpad Police Station had deployed him and two other police constables to search the missing girl - Poojitha in Crime No.48/2023. Accordingly, after securing credible information, the police constables having learnt that missing girl was at Srinivasapura, had gone there and picked her up in a Tata Sumo vehicle bearing registration No.KA-41-2602 and they were returning to Rayalpad Police Station. At about 9.20 p.m., when they reached near Tupallikere Katte, the accused persons intercepted the vehicle on the basis of the information given to them by the driver of their vehicle and assaulted the police constables who were escorting the missing girl - Poojitha. It is also alleged that modesty of the lady constable who was in the vehicle was also outraged by the accused persons, and thereafter, they left away along with Poojitha after threatening the persons traveling in the vehicle. The injured were thereafter admitted to Government Hospital and the statement of Kiran Kumar was recorded, and thereafter FIR was registered in Crime No.49/2023. Apprehending arrest in the said case, the petitioners along with other accused had filed Crl.Misc.No.487/2023 before the I Addl. Sessions Judge at Kolar, and the said petition was dismissed on 27/6/2023. It is under these circumstances, the petitioners are before this Court.