G.S. MADUSUDAN AND ORS. Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned Government pleader appearing for the respondent - State.

(2.) The petitioners are accused Nos. 1 to 3 in a case bearing Crime No. 139/2013 on the file of Kuvempunagara Police Station, Mysore pending in S.C. No. 186/2013 on the file of the VI Addl. Dist and Spl. Judge, Mysore. Offences alleged against them are punishable under Ss. 376, 366(A), 343 r/w Sec. 149 of IPC and Ss. 3, 4, 5 and 6 of I.T.P. Act and Sec. 23 J.J. Act. The petitioner has been in judicial custody since 26.04.2013. Hence, they have filed regular bail applications under Sec. 439 of Cr.P.C.

(3.) On receipt of telephonic call from the victim to the Police Commissioner of Mysore, he has informed the Child Welfare Committee of Mysore District to visit the house of the victim and rescued the girl. The Committee had visited the house of the victim and rescued the girl and sent the victim girl to child home. From there, the statement of the victim has been recorded on 25.04.2013. In the statement she had stated that she was forced by her mother -Accused No. 1 and her friend and Geetha - Accused No. 2 and other accused persons for sexual assault and she was subjected to sexual assault by Accused Nos. 4 to 9. On the basis of her statement, the Committee also had forwarded the complaint to the Kuvempunagara Police Station, Mysore on 25.04.2013 which has been acknowledged on 26.04.2013 in the said Office.