KULLANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 to 3 under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 376D , 114 of IPC registered in respondent - police station

(2.) Brief facts of the prosecution case that victim women lodged the complaint, wherein it is stated that she is residing in the said address since six years in her father's house. The husband of the complainant was expired and from that day she is residing along with her eight year old son in the said address. One Smt.Nagamma @ Nagi, the neighbour of the complainant is having acquaintance. On 23.01.2017, all the family members of the complainant went to temple; the complainant and her age-old father were only in the house. At that time, Nagamma @ Nagi met with the complainant near the house of one Umesh and as she invited the complainant to her house, the complainant went to her house. Then the complainant had the meals in the house of Nagamma and as it was dark, Nagamma asked how she can go to her village and told that she will accompany her to some distance. When both of them were walking on the way, petitioner No.1 herein came on a scooter. Said Nagamma sent the complainant along with him on the scooter. Petitioner No.1 made the complainant to alight from the two wheeler vehicle nearby Madegowdana Doddi by the side of the road. Thereafter, 2-3 persons came to the said place. Petitioner No.1 made her to consume liquor even though she told that she is not in the habit of consuming liquor. Then she was made to remove her clothes, then the petitioners herein touched her body, chest, thighs and other parts and pressed the body parts and thereafter they committed forcible sexual intercourse on her. Thereafter, said Nagamma made Kullanna/petitioner No.1 and Hanuma to give Rs.100/- each to the complainant. Thereafter, petitioner No.1 left the complainant nearby the shop of Shivamma of Katukanapally and went away. Thereafter, somehow the complainant went to her house. From the said date, the complainant is having severe stomach pain, so also, the body pain. She was not able to have the meals and looking to her situation and the position, the family members, who returned back from the temple, enquired with her whether she is alright, and because of the fear she had not told anything to them properly. On 01.02.2017 as there was a severe stomach pain, she told the actual fact before them, then she was taken to Ramanagara Government Hospital. Hence, she requested to take action against the persons, who committed rape on her. On the basis of the said complaint, case came to be registered for the said offences.

(3.) Heard the arguments of the learned counsel appearing for the petitioners/accused and also the learned High Court Government Pleader appearing for the respondent-State.