YALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P. No. 101346/2024 is filed by accused No. 3, Crl.P. No. 101347/2024 is filed by accused No. 6 and Crl.P. No. 101541/2024 is filed by accused No. 1. Accused Nos.1 and 6 have filed petitions under Sec. 439 of Cr.P.C. and accused No. 3 has filed petition under Sec. 438 of Cr.P.C. All the petitions are filed in respect of crime No. 132/2023 of Gokak town Police Station registered for offence punishable under Ss. 341, 342, 376-D, 384, 506, 120-B, 395, 397 read with Sec. 149 IPC.

(2.) Case of the prosecution is that the victim lady is working as Aaya in Gurubasav School at Beeranagaddi. She is married and having two children. She used to go to Gokak for purchasing articles and she met one Basavarj Khilari - accused No. 6 and he took her saying that he will get her job. About two months ago, the victim lady and one Smt. Sharada had gone to Ghataprabha and after work they were waiting for bus. At that time one motor cyclist introduced himself as Vinod Talawar - a teacher in Harugeri and he took the phone number of the victim lady and they were in touch. On 5/9/2023, i.e., on teachers' day the victim lady had gone to Gokak and at that time she received a phone call from Vinod Talawar (C.W.16) and both of them had tea in a hotel. At that time, they met accused No. 6 - Basavaraj Khilari and he requested both of them to come to his room and have tea and all the three of them went to Basavaraj Khilari's room. Accused No. 6 locked victim lady and Vinod Talawar in the room. At about 02.30 - 03.00 pm, 4 to 5 people came and asked them as to why they were staying in their room and assaulted them, took Rs.2,000.00, purse, ATM and mobile from Vinod Talawar and they assaulted the victim lady and took Rs.2,000.00, earrings, purse and mobile. They also demanded Rs.2,00,000.00 to leave them. Later they made Vinod Talawar and victim lady to stand and took photos, video graphed, showed knife to her and removed her saree and raped one after another. At that time it was about 05.30 pm and Vinod Talawar ran away. The accused were talking to each other and their names were Ramesh Khilari, Durappa, Yallappa, Ramasidda and Krishna and they threatened them with dire consequences. Said complaint filed by the victim lady came to be registered in crime No. 132/2023 of Gokak Town Police Station for offence punishable under Ss. 341, 342, 376D, 384 and 506 read with Sec. 149 IPC. During investigation accused Nos. 1 and 6 came to be arrested. The Police after completing investigation filed charge sheet against the accused for offences punishable under Ss. 341, 342, 376-D, 384, 395, 397, 120-B, 506 read with Sec. 149 of IPC. Bail petitions filed by accused Nos.1 and 6 came to be rejected. Anticipatory bail petition filed by accused No. 3 came to be rejected by the Sessions Court. Therefore, petitioners are before this Court seeking bail/anticipatory bail.

(3.) Heard learned counsel for petitioners and learned HCGP for respondent - State.