VINOD KUMAR Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners-accused 2 to 4 under Section 438 of Criminal Procedure Code, 1973 seeking a direction to the respondent-police that in the event of their arrest, they be released on bail of the offences punishable under Sections 341, 342, 366-A, 506 and 376 read with Section 34 of Indian Penal Code, 1860 and Section 4 of Protection of Children from Sexual Offences Act, 2012 registered in respondent-Police Station Crime No. 31 of 2014. Brief facts of the case are that on 18-2-2014 at about 6.15 p.m., the complainant lodged a complaint stating that her husband Venkategowda died about few days ago due to ill-health. Her daughter Kum. D.V. Pooja was born on 9-2-1997 and is a minor. On 10-2-2014 at about 8.00 a.m., her daughter left the house to college. At the time when she reached Sathanur Village, she was taken away forcefully in an Indica car bearing Regn. No. KA-01/L-1520 by Hemanth alias Jana and his friend Vinod Kumar, his brother-in-law Ravi and his sister Smt. Hema and she was illegally confined in their custody. They posed life threat to the complainant if she interferes in the matter of her daughter. They further threatened the complainant not to lodge a complaint and in case any complaint is given against them, they threatened her to get her vacated from the house. On the basis of the complaint, case has been registered by the respondent-police.

(2.) I have heard the learned Counsel appearing for the petitioners-accused 2 to 4 and the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned Counsel appearing for the petitioners, during the course of the arguments, submitted that the incident was taken place on 10-2-2014, but the complaint was lodged on 18-2-2014. Therefore, there is delay of eight days in lodging the complaint, though the police station is at the distance of 100 yards. He submitted that so far as the alleged offence under Section 376 of IPC is concerned, it is only against accused 1. So far as accused 2 to 4 are concerned, the allegation is that they have kidnapped the daughter of the complainant when she was going to the college. Hence, he submitted that only bald and vague allegations are made against accused 2 to 4 and they are ready to abide by any condition to be imposed by this Court. Hence, he sought for admission of the petitioners to anticipatory bail.