ABISHEK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner/accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 376(D) and 376(2) of IPC, registered in respondent -police station Crime No. 227/2014.

(2.) HEARD the arguments of the learned counsel appearing for the petitioner/accused No. 1 and also the learned HCGP for the respondent -State.

(3.) AS against this, the learned HCGP during the course of his arguments submitted that looking to the statement of victim girl, in the complaint as well as her statement before the Magistrate Court, both will show that there is a forcible sexual intercourse on her. He has submitted that even the medical opinion also supports the case of the prosecution. He has submitted that complainant has also given the further statement, wherein she has also stated about the forcible sexual intercourse on her by both the accused i.e., accused Nos. 1 and 2. He has submitted that during investigation, Investigating Officer has seized three Kingfisher empty beer bottles. He has submitted that looking to the prosecution material the prima -facie case has been made out to show that both accused Nos. 1 and 2 have committed the forcible sexual intercourse on the complainant and thereby committed the alleged offence. Hence, he has submitted that petitioner is not entitled to be granted with bail.