SHARATH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the charge sheet and all further proceedings in C.C.No.55262/2019 arising out of Crime No.273/2019 of Mahadevapura Police Station, Bengaluru City for the offence punishable under Sections 376, 417, 506 of IPC which is renumbered as Sessions Case No.1279/2019 pending on the file of XLIII Additional Chief Metropolitan Magistrate, Bengaluru and grant such other reliefs as deems fit in the circumstances of the case.

(2.) The factual matrix of the case is that respondent No.2 herein has filed the complaint against the petitioner herein alleging that she was a divorcee and this petitioner came in contact with her through face book in the year 2016 and the same was developed as friendship. When the petitioner comes to know that the complainant is a divorcee, he proposed to marry her for which she declined to contract the marriage again. But when he persuaded her, she asked him to talk to her family members. Initially, the petitioner and the complainant both of them discussed each other and then in that connection, the petitioner visited the house of the complainant. When he came to her house, he tried to commit rape on her for which she refused. The petitioner assured that he is going to marry her and on that promise, he had sexual intercourse with her, but later on he turned hostile telling that his mother and sister are not agreeing for the same.

(3.) It is also an allegation that both of them lived for some time together, had sexual intercourse and also visited different places. As he was having heart ailment, he came and stayed with her. She met his needs during the said time. The petitioner herein committed an offence of cheating in obtaining her consent with false promise that he would marry her. Hence, requested the police to take action against him, who is also a police officer. The police after the investigation have filed the charge sheet and hence, after filing the charge sheet, the process was issued. Hence, the present petition is filed before the Court.