YAYA @ YAHAYHA Vs. STATE

JUDGEMENT

(1.) These two petitions are filed by petitioners/accused Nos.1, 2, 4 and 15 seeking regular bail in Crime No.8/2024 registered by Yadgiri Women Police Station, Yadgir for the offences punishable under Ss. 504, 506, 511, 354, 354(A), 354(B), 354(C) and 354(D) read with Sec. 149 of Indian Penal Code and Ss. 4, 8, 12 of Protection of Children from Sexual Offences Act (POCSO), 2012, whereas the accused Nos.1, 4 and 15 have filed Criminal Petition No.200369/2024 and accused No.2 has filed Criminal Petition No.20044/2024.

(2.) The factual matrix of the prosecution case are that, the victim in this case was studying in I PUC in Don Bosco College. Accused No.1 in this case is the student of B.Com. of I Semester in the same college, was known to the victim. He was following her and teasing her so also he expressed his desire to love her and also to marry her. But the victim opposed the same and instructed him not to follow her. After some days, the accused No.1 and his friends Yaya/accused No.2 and Mohammed Hasan/accused No.15, came and informed the victim girl that the accused No.1/Wahid likes and loves her and as such, he is not going to marry anybody and also his family members have no objection to their marriage. They also informed her that after their marriage, they will convert her into their community and she can lead comfortable life in their community. Accordingly, accused No.2 and 15 took the victim girl to Hattikunni dam and there they have taken her in a private place where they have taken photographs and accused No.1 made an attempt to commit rape on her by removing her clothes to which she refused and came back to Yadgiri. After few days, accused No.1 threatened the victim that he is going to viral the photographs in social media and also in college Whatsapp group and forced her that if she do not marry, he is going to kill her. Hence, complaint has been lodged against accused No.1 and other 15 persons before the respondent/police, which is registered in Crime No.8/2024 as stated supra. Thereafter the respondent police investigated the case and arrested these petitioners on 20/3/2024 and produced before the Special Court and thereby remanded to judicial custody. Aggrieved by the same, all the petitioners approached before the District and Sessions Judge, Yadgiri in Crime No.8/2024 for grant of bail. However, the learned Sessions Judge rejected their bail application vide order dtd. 18/4/2024. Being aggrieved by the same, the petitioners approached this Court for grant of bail by filing these petitions.

(3.) I have heard Sri Avinash A.Uplaonkar and Sri.Nandkishore Boob, learned counsel for the petitioners and also Smt.Anita M.Reddy, learned High Court Government Pleader for the respondent No.1-State as well as Sri Chaitanyakumar Chandriki, learned counsel for respondent No.2 and perused the material available on record.