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Anil and Another vs The State of Karnataka

Karnataka High Court · Decided on 3 January 2013 · Citation: (2013) 1 Crimes 649 : (2013) 1 KCCR 165

HON’BLE JUDGES
Mohan Shantanagoudar, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 149, 366
RESULT
Dismissed
CASE NUMBER
Criminal Petition No. 16209 of 2012
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Judgment

3 paragraphs · 242 words

Mohan Shantanagoudar, J.—Petitioners 1 and 2 are Accused Nos. 6 and 4 respectively in Crime No. 226/2012 of Sedam Police Station registered for the offence punishable under Section-366 read with Section-149 of IPC alongwith other offences. The case of the prosecution is that Kum. Shwetha D/o. Gopalreddy was abducted by the accused including the petitioners on 7.11.2012 and the whereabouts of all other accused except the petitioners is not known.

2.

Complaint is lodged by the father of the victim. The complaint reveals the name of all the accused including the petitioners. It is alleged that all the petitioners used to tease and chide the victim Shwetha and have kidnapped her. They also used to send the messages to her through cell phone and threatened her of abduction/kidnap. During the course of investigation, the petitioners are arrested and they are in judicial custody as of now. The Police have not yet traced the other accused. They have not even traced the kidnapped girl Kum. Shwetha. The petitioners were arrested from a restaurant at Hyderabad. Since the investigation is being proceeded with, it Is not safe to release the petitioners on bail at this stage inasmuch as they may abscond in case of release. The primary duty of the Police is to secure the presence of the girl in order to proceed further as per law. Hence this Court declines to release the petitioners on bail.

Petition fails and the same stands dismissed.