VIJAYKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is accused No.3 in Cr.No.149/2013 of Khatak Chincholi Police Station has filed this petition under Section 439 of Cr.P.C. for regular bail.

(2.) It is the case of the prosecution that the complainant Vachalabai aged about 80 years lodged a complaint on 26.10.2013 at 23.45 hours to the effect that on the same day at about 8.30 p.m. she was alone in the house, after taking dinner, wanted to sleep, as such, she was locking the door from inside, at that time, three unknown persons tried to follow her and among three accused, one accused person forcibly pushed the door from outside and entered room, closed her mouth with his hand and kept his another hand on her neck which made her difficult to breath, but however she managed to escape from the clutches of the accused and started making hue and cry, at that time other two accused were outside the house in the verandah, hearing the sound, one Pantha and his son Mahadev started proceeding towards her house, seeing the said persons, the accused who were standing outside the house ran away, but however with the help of neighbourers the accused who was inside the house was caught by them and upon questioning he disclosed his name as Prashant S/o Tammanna who is arrayed as accused No.1 and other two persons are Vijayakumar S/o Shravan Madanoore and Vijaykumar Togaloore (the petitioner herein). Accordingly, the jurisdictional Police registered a case in Cr.No.149/2013 for the offences under Sections 450,448,398,307,120(B) R/W Section 34 of IPC.

(3.) All the accused persons filed regular bail before the Addl. District & Sessions Judge, Bidar and they were released on bail. After the charge sheet, the case was committed to the Court of Addl. Sessions Judge, Bidar in SC No.6/2016. In the said Sessions Case, accused No.1 engaged the service of his advocate and accused Nos.2 and 3 also engaged the service of another advocate who did not follow the regular dates and thereby the accused Nos.2 and 3 not attended the Court. Hence, the Addl. Sessions Judge, Bidar issued NBW to the accused Nos.2 and 3 on 9.2016.