PUTTASWAMY GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 341, 324, 323, 307 r/w Section 34 of IPC, so also Section 12 of the POCSO Act registered in respondent-police station Crime No.59/2016.

(2.) The case of the prosecution as per the complaint averments is that at 4.30 a.m. on 17.2.2016 when the victim girl was coming out of the bath-room situated next to her house, to get ready to attend the tuitions, somebody assaulted her on head with club; two persons gagged her mouth tightly and out of them, one person pressed her neck and another kicked her, when fell down, one person called another person name Sadashiva and said Sadashiva addressed another person as Puttaswamy; they both stating that victim is finished, ran away the spot. Both the persons were wearing monkey caps and she identified their voice and came to know that they are Sadashiva and Puttaswamy of her village and are political rivalries to her father. She does not know why they come to assault her and for what purpose they have assaulted. Hence, she has requested to take legal action against the accused persons.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.