High Court Karnataka High Court

P M Rahim S/O P.P. Mohammed vs The State Of Karnataka on 13 October, 2009

Karnataka High Court
P M Rahim S/O P.P. Mohammed vs The State Of Karnataka on 13 October, 2009
Author: Huluvadi G.Ramesh
THE HON'BLE MR. JUSTICE HEULAUVADI%}GgRA?2IEsHA*

IN THE HIGH COURT OF KARNATAKA AT
BANGALORE 'W1

DATED THIS THE 13?" DAY OE ()CTOB;E'R:   _

BEFORE 

CRIMINAL PETITION V_N(")A."3:9E-4«. OE2ao9R.  

BETWEEN:

1

 KARNATAKA, BANGALORE.

3 _;   "KODAGU__DISTRIC'I'

P M RAHIM S/O RR; MOI:IAMMED* .

AGED ABOUT 20 YEARS, v.AUTO'R];C'KSHAW
DRIVER, «UR.UG;UPPE,«iPAIS[&RY, KAMBIB ANE
VILL4Al'3Ej& POST; SVUNTICOPP"/X HOBLI
VIR;'AJIé.ET *rA.LU'I<,~ .CKODaAGU-- DISTRICT

{KM,A   Mé_fiA%M'M'ED
"AGEDABO'Ufl'~L32'AAYEARS, AUTORIC KSHAW

DRIVER, 'KAMBIBANE VILLAGE & POST
SUNTICOPPA;..VVIRAJPET TALUK,
 PETITIONERS

L E] j(.Ey A KS,IJBBA§AH & A s PONNANNA, ADVS)
A .  

 ESTATE OE KARNATAKA

" BAY KUSHALNAGAR POLICE STATION,

REPRESENTED BY spp, HIGH COURT OF
.. RESPONDENT

2\.)

(By Sri HONNAPPA, HCGP)

CRLP FILED U/S.-439 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THES HOEVELE
COURT MAY BE PLEASED TO ENLARGF{“‘««_.”F~HE
PETITIONER ON BAIL IN CRIME NO.165./2008rr”,;~OE

KUSHALNAGAR POLICE STATION IN C.C.NO.7/2059.
THE FILE OF THE JMFC, i$OMWARPET,_f=.FQR

OFFENCE P/U/S 376, 506 R/W 34v.0§i»I§’C. ‘

This Criminal Petition owning on for ord.eré this. daij/,i’the.”‘ E

Court made the fOllowing:–

Petitionersjihave regular bail in

connecjtion _lWiith_~Cr_ii’ne No”;«]__65/O3 of Kushalnagar police station

pending’ in the JMFC, Sornwarpet.

it ‘i«I£t-,is~-.;_1Ileged that on 5.10.08 the complainant had

‘viéited trié’.’»jhc5n§e of her mother and while returning back on

when she was standing near the road in front of the

A she saw petitioner No.2 who was the neighbour of her

i rfiriother and petitioner No.1 was sitting in the back seat of the

We

rickshaw. The complainant boarded the auto, when the auto

came to Kodagarahalli junction petitioner

destination turned the auto towards Guddehosur V’

the auto went towards Chiklihole the’

the victim shouted petitioner N031 caug.ht’hold hands and’ ,

asked her not to shout and by the autoi._iiitiitheig?orest area
the petitioners committeidirapfle theisides of the
auto with the by the forest
officials be filed.

» °

‘4.i..Accord.i_nigii to the learned Counsel for the petitioners

.i it/’i.c,t_im__Vis.the.’co_nsenting party and only when the incident has

i beennoitieed the forest officials, 21 false complaint has been

filed. .. Ae.cording1y, sought for grant of bail.

W.

5. Learned HCGP ahs submitted that there are Vsetninal

stains on the petticoat of the victim. She was.y..ta_ke’ni:*te”~a

different pface other than her destination and the p;cti.ti¢nett§_« V’

have raped her.

6. Since already investigation iis.V_eé)rnp1cteid;an§i

sheet is filed and the case is readyi”f0.r t:i_a1, vyithnnt commenting
much on the merits of the-r5ase,7.it Qrderredthat petitioners may
press for early tri_aL,__if se’a’dvised.._”‘

Accordingly:q”petitsi4ei§._ giisposed of.

 I;       \' «: Sd/-
JUDGE