Karnataka High Court
Abdul Saleem vs State By Mulky Police Station on 2 March, 2010
Author: N.Ananda
Bench: N.Ananda
"(BY SHI VIJAY KUMAR MA THAI UR OP MARAIARE Flr CUE Gb RARINALGKA, HIGH COMIKT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH f IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 2°0 DAY OF MARCH 2010.0... > BEFORE THE HON'BLE MR.JUSTICE N.ANANDA™. > CRIMINAL PETITION NO.124/2010 ABDUL SALEEM S/o ABDUL RAHIMAN R/O RAHIMAN MANZIL MAROOR VILLAGE MANGALORE TALUK, (BY SHRI JAYKUMAR §. PATIL, ADV.) AND | STATE BY MULKY POLICE STATION DAKSHINA KANNADA, ©. _ REPRESENTED BY ITS STATE PUBLIC PROSECUTOR 'HIGH COURT BUILDING BANGALORE. | a .. RESPONDENT WAGE, HOGP,} "THIS CRL.P 18 FILED U/5.439 CR PC PRAYING . ""fO RELEASE THE PETITIONER ON BAIL IN CRIME NO. 48/2009 OF MUKLY POLICE STATION, D.K. PENDING IN C.C. NO. 254/2009 ON TI DISTRICT AND SJ, D.K., MANGALORE, FOR THE ig FILE OF | ADDITIONAL OFFENCE PUNISHABLE UNDER SECTIONS 305, 363 AND 376 OF IPC. E 2 E < z z % 3 E. 3 Y 5 2 3 c 2 c 3 Af £ z i 3 ie 3 Mir Lie RE wr AIMEE, PEE LR i APR ER PEE WLR Le RE Pe PE Gh YF 4 fe} t Thia petition coming on for Orders this day, the Court made the following: _ The petitioner arreyed as. gocused ATL. S.C,No.67/ 2009, on the file of the [ Addl. District and Judge, D.K., Mangalore, for . offences puriehable under Sections 305, 363; and 376 of IPC, is seeking bail 2. Heard Shri Jay alk imiar 3. Pail, learned Counee! for petitioner and 'Shit joy Kuimar Maijage, learned Government 'Advocate: 3. 7 have been taken through documents Aled under seotion 173/5) Cr.P.C. Aa could be seen from the first informietior: report and statement of eyewitnesses, _ 'and school, certificate the victim girl was aged 15 years . as on the date of occurrence Le., on 109.2.2009, The a tatement o of witnesses namely Mahadevi would reveal -- that deceased was her classmate, on the date of : eccurrence vig., on 10.2.2009, accused head induced fv. dae v1 deceased to go to Beltha: 'date of occurrence and therefore, for considering =
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é é j ¢ 2 ] 2 } t iad i accompanied by Mahadevi travelled ina bus. They got down in Vernur as per the instructions giver: ky" the ;
agent of the bus. The accused came to the » place. and --
after 30 minutes. Thereafter, the accused. let thet . place. Some paseera-by noticed the: deceased 'ated Mahadevi and found that deceased was having a shabby look, therefore she was troughs 20 Moodabidri police station. The police inspector scoured the parents of deceased. The dociiged wis" eho 'Summoned to police station end decease' nid the 'deceased ari accused were admonished, On the 'maming viz., or: 11.2,2009, deceased committed suicide in her house. The father of ' the deceased lodged first information. The post mortem thet deceased had examinaion ¢ ef deceased tern site oF) +ywiman and deceased had been subjected to oo geruual agweult.
4, The deceased was lees then 15 yeara as on the offence under Section 376 IPC, her consent woukl be material, The ceceased committed suicide on the "a tN CRN 77 Prd, ;
TST REET SE FE WWE WP RARNALAA Mish COURT OF KARNATAKA HIGH COQuRT OF KARNATAKA HIGH! Hy ft, iY following day. The conterita of P.M. report and steterernte of witness would accused had committed sexual assault on the deceased...» Therefore, cormiiering neture of magritude of clierics, accused carmot be released om ball. .
In the result, petition is dismissed. The observations made hereta shall not be read as expression of apinion on merits of the case.
Sd/-
JUDGE OV una-facie indicate thet' Ce a ee ee. ees