IN ms HIGH COURT 01:' KARNATAKAMI:
CIRCUYI' BENCH AT DHARWAD
DATED THIS THE 3RD DAY 0;? 'DECEIvi'BEvI{[ 'étgdfsv V
BEFORE ' ' Q
THE HON'BLE MR N.._Am5u§j;§2i..;v"""'
cRL.1é..No.738§/'2oG3FA_ .'
BEFWEEN: V % V'
Sri Jancjan@Ja_:3ia1 say; V . .
S/olbrahim S}::ai}~«:h,' 2;
Aged about 2.3 * ' " " .
Occ: Driver;
Kumta, .. FEFITIGNER
(By Sri T.M.$ada1;'%Ad&oc;§i;)" A
_«*.x~_I_1:_2:%;[
. _ q 'V : of iKa;'nata.ka,
Rap. "by"K1:£mta,_Po1ice Station,
"Dis«€':__ U Kaafpada,
Represented. 1:-y' the State Pubiic:
Pmsecutgir, Court ofKarz1ata1<a,
CiIcuit..Bt:pch at Dhalwad. .. RESPONDENT
".. '(By;Sri wand K. Navalgimath, HCGP)
' This petition is filed under Section 439 C3z*.P.C. praying
.t._o:§enJargc the petitioner on batik in Crime No.118/2008 of
Kumta Pofice 1'11 c.c.No.'?'8€)/ 2008 on the file of the 3M¥?C,
~ Kumta.
This petition coming on for orders this day, the (301111:
made the following:
ORDER
The petitioner is in cusmdjf
registered for ofiences punishahle 376′;
201 r/W. 341.1>.c.
2. The petitioner Nov. 1A Q-eiong with
accused No.2–P1axfeen to have
committed about 12 years
Urvvd commitfede, the dead body in an
Visoiatefi of evidence. The
incident piace on 7.5.2008.
JAS” lodged by the father of the
__C1aughter aged about 12 years was found
(311 15.5.2003, they traced a dead body
–V in iiecomposeé state. The matter was reported to the
K case was registered under Section 174 Cr.P.C. On
I i:-22§5;’2oos. statement of CW.11–Chandru was recorded.
‘ “CW. 1 1, a boy aged about 14 years has g1\’zen the statement to
the efiect that on 7.5.2008, CW.11 and victim giri were
picking mango fruits near the house of CW.10-Nagarathna.
At that time, accused 1 and 2 came there
away the victim girl. They also heldthreats u u
of curiosity, Chandra followed the am
comznitting rape on the -left; the * L’
place and did not inforra “£é’__8–3l’A}’ibne. 011
22.5.2008, he inforzmecvlu father of the victim
4. The H 1: would reveal
that 01):, t’r-1Ei’.V1;’t- ‘II “a;’mI:, she had seen the girl
pic1dn§’.._up’– lier house. At that time, she
had seen egceueeti Axrgoviuiig near that place.
. V. – «V V” poseonofietiiittexaminafion report would reveal that
in a highly decomposed state. In the final
oiztiiaion, that death was due to asphyxia following
“-smotheitinfg of face and nostrils.
‘ “5. I have heard the Ieamezi Counsel for accused No.1
Vt V’ the learned Government Advocate for the State.
6. The learned Counsel for petitioner has made the
‘2
foliowin submissions; 5
I. The entire incriminating evidence _
accused is found in the state11iexi’t..VVof1i’1’~? u
Chandm who is a planted »*.x;ri1:z1e’ss..Vv’4’u{‘iie4eoudneé.’ V
of CW1} keeping silent ~e’22.»5.2.2(:)’O8′”
belie his statementihat the”-aecusevde took é:;w.at_-‘,* ,
the victim girl and ‘eofi;mitted’–:epeen hm»)
ii. That as the ~.i:;1queet and
the the height
of the vdead.”ood§§”Awasé.”‘2_ “The victim girl
was’ afloat “£’.–s’: per the statement
of the victim gr} was
there is no conclusive
it proofitirsntificafion of the dead body.
_.¥{I. ii of accused No.1 was to be
1 .ee1e’of’at:z+::,i…i:3’n 18.5.2008. Therefore, he was busy
_V ggarfiagc preparations and he has been
V ‘ ievéiz-gtsely implicated.
‘?*.Vv”‘i’.he learned Government Advocate would submit
A 1 1-Chandra had no motives to falsely implicate the
aeeuseé. Having regard to the age of CW.11-Chandra and in
the circumstances of the case, his silence till 22.5.2008
would not iead to an inference that he is a planted witness.
The parents of the victim girl had no motives to falseiy
implicate the accused. So also CW. ‘
motives to falsely implicate thief V
statcmfint, she had seen the accuseifi. ,
befom missing of the victim ._any é:vcj::t,– Eiéihménts ‘V
of CW.10 and 11 am su$cicnt—tgfffzoid. flvietimiigirl was
last seen alive in the ¢.=_fv 2.
3. consgaigggg e~19*:£i:geA. girl and the
cixcumstanci-£3; of commission of
her mtgrtiéix for gain can safely be
ruled oft,’ ” V
9;’ the learned Counsel for pctitiencr and
Gfiycmment Advocate and having gone through
I find, CW.11-Chandra had no
mofivgs statement against the accused. CW.1 1-
fias aged about 14» years. Even if he had not seen
.._eiEcuscd committing rape on the victim girl, his
V. gtaftcmcnt, victim gr} was fercibly taken by the accused and
she was Iast seen alive in the company cf the accused,
caunot be susyectcd at this stage of the case. So also, the
2′;
W ,~ g
statement of CW. 10 that the accused were moving around
her house on ‘?.5.2008 before the victim gr} was ”
cannot be suspected at this stage.
10. The dead body was found’
state and it was partly eaten away ._
considering the discrcpancy ofof clcad ‘V
.3: ~ .2hc«§a?=>i.e’2*»ez3Lz’-€f’* Liv 55 W94′
body of the victim girl “is .no!:§jh£—-dc;ad of ‘ fly: victim girl,
mom particularly when it was ‘i;icz;ytificd_ byihe father of the
victim ai. vvgimss other articles found on
the déatihotiy. ‘ . b 1
, -13.1 afomotatcd circumstances, at this stage
r tizocasc, “itis nofjioosiblc to hold that CW. 1 1- Chandra is
.__&1:
I .Tiic learncti Counsel for petitioner would submit
.. Illéfcwas inordinate delay in lodgng the complaint and
fficoxfling statements of material wimesses.
12. The victim giri was last seen alive on 7.5.2008. Her
dead body was found on 35.5.2008. At the first instance, a
case was zcgistcred under Section 174 Cr.P.C. It is only after
3′-6:’ Lr _,… ‘s
information was It-vcalcci by CW.1 –«
incriminating evidence against j. fins”: «V
record. if the parents of the
interested to falsely fimt V
instance, the Police wonjd. cnse under
Section 174 Cr. RC.
13. of oflbnces,
at this stage, n be released on bail.
Acc01ti?jngly,_ is d.iS§1£1jsscd.
Sd/-E
Iudgé
Etsi, :