STATE OF KARNATAKA Vs. DEVARAJ

JUDGEMENT

(1.) This criminal revision petition is filed by the State against the order passed by the II Additional District and Sessions Judge, Haveri (sitting at Ranebennur) in S.C.No.69/2012 dated 29.06.2013 whereby the learned Sessions Judge has allowed the discharge application filed by the accused/respondent under Section 227 of Cr.P.C. and discharged him from the offences alleged.

(2.) Brief facts leading to the case are that, respondent/accused is the brother-in-law of the complainant and younger brother of her husband. That on 03.11.2011 when the complainant was alone in the house, the respondent/accused misbehaved with her and tried to outrage her modesty. In this regard, a panchayt was convened and C.Ws.12 to 14 advised the respondent/accused not to misbehave with her. As such, it is alleged that accused/respondent was nurturing grudge against the complainant. It is alleged that on 03.11.2011 the complainant was proceeding to her relatives' house at Kalavatti village via Masur, from there to Tippaikoppa on the side of the road. At that time, the accused/respondent came on his motorcycle bearing No.KA-27/S-8179 and asked her to forgive the earlier incident and requested to sit on his motorcycle at about 5.30 p.m. Then the accused/respondent instead of going to Kalavatti, he changed the route towards Kavasapura village and when the complainant objected for the same, the respondent/accused threatened her to sit properly otherwise he will kill her. He took her into the forest area at about 6.00 p.m. and with an intention to kill her pushed her into the Nala adjoining Kumadwati river. When she cried for help and raised hue and cry, the fishermen who were there rescued her and taken her to Kavasapura village and then she contacted her brother and later on after taking treatment she lodged a complaint with the police. On the basis of the complaint, the investigating officer investigated the crime and submitted charge sheet against the accused for the offences punishable under Sections 363 and 307 of IPC. The learned Magistrate after taking cognizance has committed the matter to the Sessions Judge, Haveri sitting at Ranebennur.

(3.) The accused appeared through his counsel before the sessions court and he has moved an application under Section 227 of Cr.P.C. for discharge and the learned Sessions Judge by the impugned order dated 29.06.2013 allowed the discharge application and discharged the accused for the offences punishable under Sections 363 and 307 of IPC. Being aggrieved by this order, the State has filed this criminal revision petition.