Mr Somashekara @ Soma Vs State by

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN S.C NO. 285/2023 OF CR.NO.205/2023 REGISTERED FOR THE O/P/U/S 376D, 302, 323, 326 R/W 34 OF IPC BY THE RESPONDENT BANNERGHATTA POLICE AND PENDING ON THE FILE OF VI ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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2 -

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NC: 2025:KHC:15659 CRL.P No. 3951 of 2025

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Learned High Court Government Pleader takes notice for the State.

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This is a successive bail petition preferred by accused No.1 praying to enlarge him on bail in crime No.205/2023 of Bannerghatta Police Station now pending in S.C.No.285/2023 on the file of the VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru.

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Charge sheet is filed against accused Nos.1 to 3 for the offence punishable under Sections 376D, 302, 323, 326 read with Section 34 of IPC.

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This Court vide order dated 05.08.2024 in Crl.P.No.6026/2024, after considering the gravity of the offence and material collected against the petitioner, dismissed the said petition.

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The only change of circumstance now pleaded by the learned counsel for the petitioner is that charges are not yet framed and therefore there is delay in trial. He submitted that the petitioner was arrested on 22.08.2023 and languishing in judicial custody since then.

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3 -

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NC: 2025:KHC:15659 CRL.P No. 3951 of 2025

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The case of the prosecution is that, on 12.08.2023 at about 6:45 - 7:00 p.m., when accused Nos.1 to 3 were consuming liquor near Sampangi Layout, they saw the victim along with a two year child, walking on a mud road. Accused No.3 went near the victim and kicked her, due to which the child fell down and sustained injuries. Accused No.1 threatened the victim brandishing a dagger at her and threatened that he will kill her, if she raised alarm. Thereafter, accused Nos.1 to 3 committed rape on her one after another and committed her murder.

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Considering the nature and gravity of the offence committed, the incarceration undergone by the petitioner is not a ground to enlarge him on bail. Further, after this Court rejected the bail petition, petitioner has not filed any petition before the Sessions Court.

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No grounds are made to allow the petition. Petition is

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dismissed .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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RL

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List No.: 1 Sl No.: 1

Mr Somashekara @ Soma v. State by

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Mr Somashekara @ Soma v. State by

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