FAZAL B ANWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein is accused No.1 in Crime No.11/2011 of Doddaballapura Town Police registered for the offences under Sections 324, 366, 376, 498-A read with 149 of IPC.

(2.) According to the case of the prosecution, one Lakshmi, daughter of K.G. Shivanna, Doddaballapura Taluk lodged a complaint on 27.1.2011 inter alia alleging that the petitioner herein was teasing her as and when she was going towards the college and was insisting her to marry her on the ground that he is loving her and he was threatening her to throw acid on her face if she does not marry him and in this background on 2.10.2010, the petitioner herein along with his companions came to the house of the complainant, dragged her into an autorikshaw, took her to a place and was forced to marry him and thereafter she was subjected to forcible sexual intercourse etc.

(3.) It is the contention of the petitioner that the complainant and the petitioner were loving each other, and since the parents of the complainant did not agree for the marriage, the complainant voluntarily left the house and married the petitioner and thereafter they lived together as husband and wife for several days. Thereafter the mother of the complainant had lodged a complaint alleging missing of her daughter based on which a case was registered and during investigation of that case, the complainant appeared before the police and made a statement to the effect that she voluntarily left the house and married the petitioner herein and on the basis of the said statement, the case was closed and subsequently with a view to harass the petitioner herein, at the instance of her mother, the complainant has filed a false complaint. It is the contention of the petitioner that except himself, all other accused persons have been granted bail and therefore he is also entitled for release on bail. According to him, he is innocent person and he has not done any of the acts alleged, as such he is not guilty of any of the offences.