SALIM AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two petitions are filed by the accused Nos. 1 and 2 under Section 439 of Cr.P.C. seeking their release on bail of the alleged offences punishable under Section 366, 376(2)(I)(J), 376(D), 109 r/w Sec. 34 of IPC, Sec. 4 and 17 of the POCSO Act and Sec. 3(1)(XII), 2(V) of SC/ST (POA) Act, 1989 registered in respondent Police Station Crime No. 193/2015 in Gadag Rural Police Station.

(2.) BRIEF facts of the prosecution case are that on 08.08.2015 at about 7.00 p.m. when the complainant had gone to attend nature's call. At that time, one Santosh Madar -accused No. 1 and three others attacked her and made the complainant to smell some powder as a result of which she became unconscious. Thereafter, she was kidnapped in an auto. It is further contended that when she regained consciousness she was left in an agricultural land, she came to know that she was lying there without clothes, and she had sustained injuries. Afterwards she worn the clothes and went to her parents house and informed her mother. On the basis of her complaint a case has been registered for the alleged offences.

(3.) I have heard arguments of the learned counsel for the petitioners and also the learned Govt. Pleader for the respondent -State in respect of both the petitions. Since common questions of law and facts are involved in both the petitions they are heard together and disposed of by this common order.