H. MANJUNATHA Vs. STATE

JUDGEMENT

(1.) This petition is filed by petitioner-accused 1 under Section 439 of Criminal Procedure Code, 1973 seeking his release on bail of the alleged offences punishable under Section 366 read with Section 34 of Indian Penal Code, 1860 registered in respondent-police station Crime No. 232 of 2013. Heard the arguments of the learned Counsel for the petitioner-accused 1 and also the learned Government Pleader appearing for the respondent-State.

(2.) Learned Counsel for the petitioner during the course of his arguments has submitted that looking to the statement of victim girl which was recorded on 27-11-2013, it goes to show that on that day, victim girl, accused 1 and another accused were proceeding towards Davangere as there was a birthday celebration of their friend of one Mr. Rasik and when they were so proceeding, a car came in a rash and negligent manner and dashed to the two wheeler vehicle driven by petitioner-accused 1 upon which, the victim girl was also proceeding as a pillion rider, due to which, they sustained injuries. Immediately they called one Avinash and they were shifted to the hospital for treatment. It is submitted that without referring to the said statement of the victim girl, the father of the victim girl made the complaint before the police alleging that his daughter has been kidnapped by the present petitioner along with other accused persons and thereafter again the statement of the victim girl has been recorded by the police. Learned Counsel submitted that if at all there was a kidnap as alleged by the prosecution, at the first instance when her statement was recorded on 27-11-2013 she could have stated about the same. It is submitted that the petitioner is aged about 19 years and a student studying in college. Since from the date of arrest petitioner is in custody. Hence, by imposing reasonable conditions, petitioner may be admitted to bail.

(3.) As against this, learned Government Pleader during the course of his arguments has submitted that it is a case of kidnap of the victim girl by the present petitioner and his two other friends. The statement of the victim girl dated 1-2-2014 clearly show that forcibly she was taken by the present petitioner and other accused persons and they have kidnapped her. It is submitted that the matter is still under investigation and the Investigating Officer has to collect some more material and file charge-sheet in the matter. Hence, at this stage, petitioner is not entitled to be granted with bail.