LAWS(KAR)-2014-2-291

VENKATAMMA Vs. STATE OF KARNATAKA

Decided On February 03, 2014
Smt. Venkatamma and Mr. Santhesha Appellant
V/S
The State of Karnataka, Mandya Rural Police Station, Rep. by S.P.P. Respondents

JUDGEMENT

(1.) THIS petition is filed by petitioners -accused Nos. 2 & 1 respectively under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 363, 344, 376 r/w Section 34 of IPC registered in respondent -police station Crime No. 588/2013.

(2.) HEARD the arguments of the learned counsel appearing for the petitioners -accused and also the learned Government Pleader for the respondent -State.

(3.) AS against this, learned Government Pleader during the course of his arguments submitted that the statement of victim girl and also her mother shows that victim was taken by petitioner No. 1, mother of petitioner No. 2 to the house of one Shashikala and when the victim was alone in the house, petitioner No. 2 -Santhosh has committed forcible sexual intercourse on her. The matter is still under investigation and the Investigating Officer has to collect some more material. The victim girl was not examined by the Doctor on the ground that when she was taken to the Doctor she was under menstruation cycle. Hence, detailed medical report is also to be received by the investigating officer. As such, at this stage, petitioners are not entitled to be released on bail.