RAMESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioners/accused Nos.1 to 6 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.304/2018 of Soladevanahalli Police Station for the offences punishable under Sections 324, 307, 354, 363 read with Section 149 of IPC and under Sections 3(1) (r), 3(1) (s), 3(1) (w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC and ST Act').

(2.) I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State. In pursuance of the notice, complainant has engaged the services of Sri.G.Raghu, learned counsel and he has assisted the prosecution in arguing the case.

(3.) The gist of the complaint is that on 01.10.2018 at about 5.00 A.M, when the complainant was sweeping in front of her house, at that time the complainant's daughter was sleeping inside the house and her husband had gone outside. The accused persons namely Ramesha, Venkatesh @ Andani, Rajeev, Anjanappa, Srinivas and Subramani of her village came in a white Scorpio car bearing registration No.KA-41- M33-21. The accused persons caught hold of the complainant by covering her face with bed sheet and when she tried to scream, all of them assaulted with their hands on her face and other parts of her body. They also abused the complainant with filthy language by taking out the name of her caste. It is further alleged that accused No.1-Ramesha assualted with a rod and accused No.2-Venkatesh assaulted with hands and bottle on her head and caused bleeding injuries. They also tried to commit murder of the complainant. It is further alleged that in the said car the accused persons tried to remove the pant of the complainant and also tried to outrage her modesty. It is further case of the complainant that the accused persons took her in the same car near Hesaraghatta tank and tried to gang rape her and kill her. They also told her that they would burn her house and threatened her with dire consquences. All of them brought her back in the same car near the milk booth near Hesaraghatta, at that time, the complainant shouted and public gathered. At that time, the complainant was pushed down from the car and all of them escaped. The complainant's daughter saw the incident from the window and she was scared. Thereafter, the complainant got admitted to Government Hospital in Nelamangala. As the complainant was scared, she did not lodge the complaint immediately and subsequently, the complaint was lodged on 11.10.2018. On the basis of the said complaint, the case has been registered in this behalf.