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2017 DIGILAW 1182 (KAR)

SHAMALA W/O DASHARATH GOSULA v. STATE OF KARNATAKA

2017-09-01

N.K.SUDHINDRARAO

body2017
ORDER : Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. 2. The present petition is filed under Section 439 of Cr.P.C. by the petitioner/accused No.1 seeking regular bail in Crime No.183/2004 of Chincholi police station, Kalaburagi district. The offences alleged against the petitioner are punishable under Sections 366(A), 342, 376, 511 read with Section 34 of IPC. 3. The complaint is lodged by a girl studying in 8th standard in Government High School at Chincholi stating that on that 08.11.2004 in the afternoon during the lunch break, one person by name Shamala Gosula came there and asked her to go to house for five minutes and she picked her in an auto-richshaw of one Vyjanath and brought her to Bidar and wrongfully confined her. 4. In the night hours, one Omkar has made attempt to commit rape on her. 5. When she resisted they left her alone and fled. Subsequently, they brought her to Tandura and from Tandura, while they going to Bombay via Ainolli by taking her, in a lorry and reached near Ainolli, the complainant/victim started hue and cry. 6. The said Shamala and Omkar left her and fled. She lodged a complaint against the accused persons for the above said offences. 7. The learned counsel for the petitioner submits that Accused No.2 – Omkar was acquitted by the Fast Track Court-III from all the charges and there is no specific allegations against the petitioner. He also submits that the complainant is no more. 8. The learned HCGP opposes the bail application and submits that the petitioner was successful in absconding from the date of the incident including the trial and the case is split up against the petitioner. 9. In the light of acquittal of accused No.2 – Omkar and abscondance of the petitioner during period from the date of the incident including the period of pretrial and during trial. He was reported to be absconding for more than 3 years. There are no grounds to grant bail to him. The learned Sessions Judge to complete the trial within six months from the date of receipt of the copy of this order. Accordingly, the petition is disposed of.