MOULALI AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is a petition filed by the petitioners/accused Nos. 1 and 2 under Section 439 of the Code of Criminal Procedure seeking their release on bail of the alleged offences punishable under Sections 392 and 376 of the Indian Penal Code and Section 41(d) of Cr.P.C. registered in respondent police station crime No. 147/2014.

(2.) THE brief facts of the prosecution case are that on 27.09.2014, the complainant and her husband went to Belagalpete village to see the health condition of the complainant's uncle and unfortunately complainant's uncle died on the same day and after completion of funeral ceremony, complainant and her husband were returning to their village on 28.09.2014 by way of Gundur, Lekkikoppa, Konnankere. In the meanwhile, on the way near the village of complainant, her husband had gone for answering nature call and at that time, two persons came there and dragged the complainant inside the forest and one person out of them shown the knife to the complainant and another one gave life threat to the complainant and insisted her to give the gold chain otherwise he would not leave her. Hence, she gave the golden ornaments to them. After that they went on their vehicle and the complainant and her husband came to their village and on the advice of their son, they lodged the complaint on 29.08.2014. On the basis of the said complaint, firstly, a case was registered against two unknown persons and during the course of investigation, the present petitions have been arrayed as accused Nos. 1 and 2.

(3.) COUNSEL for the petitioners made the submission that the complaint is against two unknown persons and there are no witnesses to the alleged incident and the petitioners have been falsely implicated in this case. Learned counsel also made the submission that firstly there was no alleged offence under Section 376 of IPC and it was only under Section 392 of IPC and subsequently, that too after a lapse of 50 days, as per the further statement of the complainant and her husband, the alleged offence under Section 376 of IPC is also inserted in the case. Learned counsel further made the submission that with regard to the recovery of the gold ornaments and test identification parade said to have been conducted by the investigating officer during investigation, they do not corroborate and do not establish the identity of the gold ornaments and so also the identity of the petitioners/accused Nos. 1 and 2 as the real culprits. Hence, the counsel made the submission that the petitioners are innocent and are not involved in commission of any offences and that by imposing reasonable conditions petitioners may be enlarged on bail.