HANUMAPPA ALIAS HANUMANTHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed by the petitioner-accused No. 3, under section 439 of Cr.P.C., 1973 seeking to release him on bail of the alleged offences punishable under Sections 307, 392 read with section 34 of IPC, registered in Hanumasagar P.S. Crime No. 18/2017 in Koppal district. After completing the investigation charge-sheet came to be filed for the offence punishable under Sections 364, 307, 392 read with Section 34 of IPC.

(2.) Brief facts of the prosecution case as per the complaint averments, one Smt. Bagamma is the complainant; she has stated that she worked as a coolie in the garden of accused No. 1 Laxmibai and accused No. 1 requested her to advance some money towards farming; the complainant advanced about Rs. 2,70,000/- at different times and on demand to pay the same, it was being postponed. On 4.3.2017 the complainant demanded accused No. 1 to repay her loan amount and accused No. 1 said to have been told to come on the next day; accordingly on 5.3.2017 the complainant went to the house of accused No. 1 and she was asked to accompany her to Chandalingeshwar Temple and there accused No. 1 will give her money and also gave her a new saree to wear; the complainant and the accused came to Amingad in a bus and accused No. 2 and another person came in a car; all of them went to Chandalingeshwar temple around 4.00 p.m.; they had darshan of the deity; when the complainant told to go back to the village, the accused No. 1 said that they have to meet a priest and waited till 8.00 p.m.; thereafter they started to assault on her face, back, chest and she also closed her mouth and the complainant lost her consciousness and when she regain consciousness, she was in a water less tank sustained injuries on hands, neck, eyes and teeth had fallen and also her earrings, bormal and cash of Rs. 1,000/- were missing; at a dawn she cried for help, the priest and three more persons came and rescued her and taken her to the Government Hospital and alleged that on 5.7.2017 she was taken by accused to Chandalingeshwar Temple, therein she was assaulted and these persons robbed her gold ornaments; on the basis of said complaint a case came to be registered for the said offences.

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