This petition is filed under Section 439 of Cr.P.C.

by the petitioner/accused No.2 in Crime No.12/2020

of Yadgiri Women Police Station for the offences

punishable under Sections 363, 376, 376A, 376D,

306, 109, 506 read with Section 34 of Indian Penal

Code, 1860. The accused is in judicial custody since

from the date of his arrest and therefore the counsel

is seeking regular bail urging various grounds.

2.

Heard

the

learned

counsel

for

the

petitioner/accused No.2 and so also the learned High

Court Government Pleader for State.

3.

Whereas, the learned counsel for the

petitioner submits that there is no specific role made

against this accused to commission of the offence and

more so the incident took place in a rented house of

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accused No.1, the victim was taken in a two wheeler

to the scene of crime and the victim has not

protested. The accused No.1 has committed the

alleged offence. It is a theory as set up by the

investigating agency in order to lay charge sheet

against the accused persons. The material collected

by the Investigating Officer during the course of

investigation reveals that the victim was admitted to

the hospital for treatment, wherein she was shifted

from Shorapur to Kalaburagi but she has lost her

breath. Therefore, the offence punishable under

Section 306 of IPC has been lugged against the

accused in the charge sheet but there is no specific

material relating to the aforesaid offences as well as

the other offences of abduction and committing rape

but this allegation is made against accused No.1 only.

There are in all four accused who have been lugged in

the alleged crime but offence punishable under

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Section 506 has been lugged against all these accused

for threatening the victim. The petitioner/accused

No.2 is in judicial custody since from the date of his

arrest and more so there is no direct overt act

attributed against this accused and accused is ready

to abide any terms and conditions to be imposed by

this Court while granting bail to him. On all these

premise, the counsel seeks regular bail to the accused

on consideration of grounds as urged in this petition.

4.

Per contra, learned High Court Government

Pleader

for

State

submits

that

the

case

in

S.C.No.73/2020 is pending for trial, where this

petitioner/accused

No.2

and

other

accused

are

required to face the trial. Accused Nos.3 and 4 are

the father of accused Nos.1 and 2. The victim

Vijayalaxmi was abducted on two wheeler, accused

No.1 committed heinous offence of rape on her and

more so she has consumed poison due to the act

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committed by the accused. Thereafter she was taken

to private hospital at Kembhavi and from there to

Spandana Hospital, Shahapur, and as per the

instruction of the doctor she was taken to Jewargi

Government Hospital to provide better treatment,

whereby the doctor after examining her, declared that

she has already died. On the basis of the complaint

launched by the complainant, the case in Crime

No.12/2020 was registered by Yadgir Women Police

Station. The Investigating Officer has investigated the

matter

thoroughly

and

during

the

course

of

investigation recorded the statement of witnesses and

so also drew the mahazar in the presence of the

panch witnesses and so also collected the post

mortem report in respect of conducting autopsy over

the dead body since the deceased had committed

suicide, the offence punishable under Section 306 of

IPC was lugged against the accused.

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5.

If the accused are supposed to be released

on bail, certainly he would come in the way of the

prosecution and destroy the evidence. On all these

premise, the learned High Court Government Pleader

for State seeks dismissal of the bail petition filed by

the petitioner/accused No.2 as the accused do not

deserve bail.

6.

Having regard to the contention of the

learned counsel for the petitioner and so also the

learned High Court Government Pleader for State it is

relevant to note that the case in Crime No.12/2020

came to be registered by the Yadgir Women Po