MAHADEVAPPA Vs. STATE

JUDGEMENT

(1.) THIS petition is filed under Section 438 of Cr. P.C., seeking anticipatory bail in Crime No. 15/2014 of Wadigere Police Station for the offences punishable under Sections 143, 147, 323, 342, 354, 376, 498A, 504, 506 r/w Section 149 of IPC.

(2.) THE petitioners are arrayed as accused Nos. 1 to 6 in the F.I.R. The gist of the prosecution is that 'the complainant Mallamma had visited the house of her sister Gangamma wife of Mallareddy/petitioner No. 2 on 15.2.2014 both ladies slept in the house; accused No. 2 who had gone out side returned home at 1:00 a.m. of 16.02.2014 in a drunken state and took his wife outside. The complainant noticed that couple were quarreling with each other out side the house: the nephew of accused No. 2 i.e., accused No. 1 came inside bolted the door from inside put threat to the life of the complainant assaulted her and had forcible intercourse with her. The complainant collapsed: when she woke up again accused No. 1 assaulted her and had forceful intercourse with her: and assaulted her again. Since she was shouting she was assaulted. In the morning the accused No. 1 opened the door and went away. The complainant came outside and saw that her sister/Gangamma was tied with a rope to a wooden stump. The complainant released her and informed her as to what transpired to her in the last night. Thereafter the sisters informed the matter to their cousin Mallappa: all the three of them decided to lodge complaint to the police and were waiting near bus stand to go over to Wadigere police station, by that time all the six accused persons came to the bus stand, accused No. 2 slapped the sister of the complainant, accused No. 1 assaulted the complainant and dragged her by holding her saree, the other accused abused filthily and assaulted her. The cousin/Mallappa pacified the matter and took Gangavva for treatment to Yadgir Government Hospital.

(3.) SRI . Sanjay A. Patil, learned Additional S.P.P., opposes the petition.