SUNIL @ SUNIL ASHOK GADIVADDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) One Almas Banu, daughter of Gaffar filed a complaint with Ramamurthy Nagar Police Station stating inter alia that complainant and petitioner were working together in Big Bazaar. Their friendship turned into a love affair. As petitioner had relationship with some other lady, the complainant sought to distance herself from the petitioner. Complainant was called to petitioner's place on 18th May 2019 with a promise to delete the photographs taken by accused. She went to his place and the accused deleted all photographs. He assured that he would not trouble her in future and offered her sweets. After consuming the sweet, she lost her consciousness and petitioner raped her and video graphed the same. Thereafter, he has been blackmailing her. Accordingly, FIR No.421/2019 has been registered in Ramamurthy Nagar Police Station.

(2.) Shri. N.Anantha Naik, learned Advocate for petitioner submitted that petitioner and the complainant were good friends and they fell in love with each other. However, since differences arose between them, a false complaint has been registered by the complainant. He further submitted that complaint has been registered at 16.45 hours on 27.09.2019. After investigation, charge sheet has been filed.

(3.) He further submitted that charge sheet papers disclose that Panchanama was conducted between 4.00 p.m. and 5.00 p.m. on 27.09.2019, the day on which complaint has been registered. Therefore, investigation has begun before the registration of complaint, which is a serious legal infirmity. Accordingly, he prayed for allowing this petition.