1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.6393/2021

BETWEEN:

SRI. MALLESH @ AMAVASE

S/O MANI

AGED 19 YEARS

R/AT NO.41, 8^TH CROSS

MARUTHI NAGAR

ITTAMADU, BSK 3^RD STAGE

BENGALURU-560 085

& PETITIONER

(BY SRI. PAVAN KUMAR.G: ADVOCATE)

AND:

STATE OF KARNATAKA BY

C.K ACHHUKATTU P.S

REP.BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU-560 009

& RESPONDENT

(BY SRI. R.D.RENUKARADHYA: HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING

THAT THIS HONBLE COURT MAY BE PLEASED TO ENLARGE THE

PETITIONER ON BAIL IN CR.NO.29/2021 (C.C.NO.11926/2021

PENDING ON THE FILE OF II ADDITIONAL C.M.M, BENGALURU)

REGISTERED

BY

CHANNAMMANAKERE

ACHUKATTU

POLICE

STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER

SECTIONS 376D, 354(A), 354(D), 323, 506 READ WITH 34 OF

IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:

2

O R D E R

This petition is filed by the petitioner-accused No.2

under Section 439 of Cr.P.C., for granting bail in Crime

No.29/2021 registered by Channammanakere Achukattu

Police Station, pending in C.C.No.11926/2021 on the file of

2^nd Additional CMM Court, Bengaluru, for the offences

punishable under Sections 376(D), 323, 354(A), 354(D),

506 read with Section 34 of Indian Penal Code (In short

'IPC').

2.

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent-State.

3.

The case of the prosecution is that on the

complaint of victim girl aged about 20 years filed a

complaint on 07.02.2021, alleging that she is a student of

PES University, Bengaluru, studying in final year BBA

finance and she is native of Hyderabad. On 01.02.2021 at

about 3.00 p.m, the complainant along with her friend

Sahithi.K went to Jcubez Pub for lunch. Subsequently, at

4.30 pm, she got phone call from accused No.3, who is her

3

classmate and later accused No.3 came to the said pub and

all the three of them sat together and were having

conversation. After sometime her friend left, as she got an

emergency call. Thereafter the accused No.3 started

misbehaving with the complainant by touching the private

parts of her body and molesting her. Observing this the

Manager of Jcubez pub warned him to go out of the Pub and

he booked a Cab to enable the complainant to go to her

house. However, accused No.3 forcefully went inside and

trying to molest again and therefore, driver of the Cab

asked them to get down. Subsequently, the complainant

took auto-rickshaw to go to her Paying Guest but accused

No.3 forcefully accompanied her in that auto-rickshaw and

molesting her and therefore, she got down. At that time,

two unknown persons accused Nos.1 and 2 came there

stating that they will drop her to Paying Guest house and

took the complainant in their two wheeler, to their room

and locked the door from inside and thereafter accused

Nos.1 and 2 threatened the complainant to get her naked,

assaulted, forcefully committed rape on her several times

and she become unconscious. Thereafter, she was found

4

naked and searching for her clothes. Then she collected her

clothes and took mobile phone which was unlocked and

informed to her friends Vaibhav and Arpita. On the next

day morning accused persons were quarrelling each other to

commit rape on her, at that time the complainant managed

to escape from the clutches of accused and thereafter she

lodged a complaint with the police. The petitioner was

apprehended on 08.02.021 and he was remanded to judicial

custody.

After

the

investigation,

the

petitioner

has

approached the Sessions Court for grant of bail, which came

to be rejected. Hence, he is before this Court for grant of

bail.

4.

Learned counsel for the petitioner strenuously

contended that