S.KEERTHI @ KEERTHIGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has arrayed as Accused No.1 in connection with Spl. Case No.118/15 wherein the respondent - police have laid a charge sheet against three accused persons. The allegations as could be seen from the charge sheet papers are that: the petitioner who is very well acquainted with the victim girl and in fact loving each other and further this petitioner has developed physical intimacy with the victim girl and they used to wander around several places on the motor cycle of the petitioner. It is alleged that on 9.10.15, the petitioner took her to a pump house Dhaba and they had lunch together and thereafter, they went to Bebbi Betta near KRS and it is alleged at about 4.15 p.m, the petitioner had sexual intercourse with her. At about 5.00 p.m, the friends of the petitioner, Kiran gowda, Mohan Gowda and Manju also came over to the spot. It is alleged that Mohan Gowda and Kiran Gowda taking advantage of friendship with Kirangowda they also sexually assaulted the victim girl. Manju had not venture upon to commit the said act. In fact she telephoned to the police by dialing 100 and thereafter all of them came back and later she lodged a complaint on 10.10.2015. The police have in fact investigated the case and filed the charge sheet.

(2.) One of the accused by name B.Kiran has approached this Court for grant of bail in Crl. P. No.3316/2016. This Court considering the entire material on record, enlarged the petitioner on bail. The observations of this Court that the Court has considered all the materials on record and observed that the allegations against the petitioner and others are exaggerated and allegations are to be established during full dressed trial. The court has specifically observed that medical report is not supporting the case of the prosecution on the face of it. Looking to the said facts as the co -accused who stood on the same footing as that of the petitioner has been granted bail and charge sheet has been filed against this petitioner, and looking to the fact that the petitioner is arrested long back and he is in judicial custody , I am of the opinion that the petitioner is entitled to be enlarged on bail. Accordingly, this petition is allowed. The petitioner shall be released on bail in connection with Crime No.368/2015 on the file of the respondent - police subject to following conditions: