ABRAR YUSUF PANDROWALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is under Section 438 of the Criminal Procedure Code seeking grant of anticipatory bail in Crime No.44/2020 registered by the respondent - Police for the offences punishable under Sections 354D , 354B , 506 , 376 , 447 and 354 of the Indian Penal Code and Sections 66C and 66E of the Information Technology Act, 2000.

(2.) The statement of the complainant before the Police is that the accused is a resident of Bandra, Mumbai and was in a live in relationship with the complainant since last two months. Due to his harassment, the complainant is said to have shifted to Bengaluru and stopped all contact with him. She claimed that she was transferred to Bengaluru from Mumbai on 28.12.2019 and was employed in a Company at Bengaluru. She alleged that on 13.02.2020 at around 9 p.m., the accused barged into her house, forcibly snatched her personal phone and when she resisted, she was beaten brutally and she was forced to remove her clothes and when she screamed for help, he forcibly closed her mouth and attempted to indulge in an intercourse and thereafter discharged on her face. She claimed that her cry for help solicited presence of the landlord who was staying on the second floor of the same building. She alleged that the accused convinced the landlord that the complainant was doing some wrong and despite her pleas, the landlord did not help her. She alleged that the accused misused her personal data and leaked her private pictures, chats and personal information to various people. The complainant further alleged that the accused also transferred a sum of Rs.61,000/- from her bank account to the account of the accused through mobile banking app. She alleged that on 14.02.2020, she complained to the Police who received her complaint and also made her to speak to the accused. Thereafter, she seemed to have lodged a complaint on 21.02.2020 and the Police have registered Crime No.44/2020 for the offences mentioned supra.

(3.) The accused would contend that he was in a relationship with the complainant and that he was innocent of the allegations made against him. He would further contend that assuming the statements made by the complainant before the Police to be true yet an offence punishable under Section 376 of the Indian Penal Code is not made out. The accused undertakes to appear before the Investigating Officer on every day until the investigation is completed and also would undertake to cooperate with the investigation of the crime.