MOHANA, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are in Judicial Custody in Crime No.130/2017 registered for the offences punishable under sections 363, 506 read with Section 34 of IPC. Subsequently, during the course of investigation, the Investigating Officer has invoked the provisions of Sections 366, 343 and 120B of IPC., and Sections 7 and 25(1)(a) of the Arms Act.

(2.) The allegations in the FIR is, the victim - Swetha, aged 22 years was abducted by the accused persons on 12.6.2017 at 1.00 p.m., from the college premises by wielding knife. Immediately, on coming to know about the said incident through the eye-witnesses/warden of the Hostel attached to the college, the father of the victim lodged a complaint. The accused Nos.3 to 8 were arrested on 19.6.2017. Accused Nos.1 and 2 were arrested on 16.6.2017 at Mandya, while the car was proceeding towards Bengaluru from Mysore the victim was rescued. On their voluntary statement, accused Nos.3 to 8, were subsequently arrested.

(3.) Sri Shiva Prasad, Y.S., learned counsel for the petitioners submits that in fact the first petitioner/accused No.1 and the victim had affair with each other and they belong to same community and they know each other well. The victim being a major, she voluntarily accompanied the first accused and voluntarily married him. On coming to know about the registration of the case, the first accused surrendered before the Superintendent of Police, Mandya, on 15.6.2017 at 9.00 p.m., But the respondent police availed the opportunity and arrested A1 and A2 and brutally manhandled A1. Due to which, he was severely injured and is sent to Bengaluru, for higher treatment. The statement of the victim was not recorded immediately after arrest of the first accused, but her statement was recorded on 19.6.2017. As long as she was with the first accused, she was happy. Once she was separated from him, she has taken a 'u' turn and given statement against the accused persons. Since the investigation is complete and no overt act of sexual assault is attributed against the first accused or other accused and the accused persons have not committed any offence of abduction, the petitioners may be released on bail and they undertake to abide by any condition that may be imposed by this court on them.