MISBAHUDDIN S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Sec. 438 of Cr.P.C. for granting anticipatory bail in Crime No.239/2021 registered by the Whitefield Police Station, Bengaluru, for the offences punishable under Ss. 406 and 420 of IPC and subsequently added Sec. 376 of IPC.

(2.) Heard the learned counsel for the petitioner, the learned High Court Government Pleader appearing for the respondent-State and the learned counsel for the defacto complainant.

(3.) The case of the prosecution is that on the complaint of the victim aged about 30 years, the police initially registered a case against the petitioner for the offences punishable under Ss. 406 and 420 of IPC on 16/11/2021. It is alleged by her that she was a divorcee and came in contact with this petitioner in the year 2017. Previously, she used to call him as brother, but later the petitioner is said to have insisted her to marry him as she was a divorcee and want to give life to her and thereafter both of them fell in love. The petitioner taking advantage of the victim, as the victim is said to be an anchor and reporter said to have taken Rs.52.00 lakhs from the victim and subsequently at the instance of the victim he also said to be borrowed an amount of Rs.10.00 Crores from a politician through bank transfer, but did not return the same. Subsequently, he agreed for marriage and date was also fixed on 30/6/2021, but later he was absconded and switched off the phone. Therefore, a complaint came to be lodged. Subsequently, due to the pendency of the investigation, the petitioner approached the High Court under Sec. 482 of Cr.P.C. The further proceedings and investigation is said to be stayed. Subsequently, the petition of the petitioner came to be dismissed by a Co-ordinate Bench of this Court on 8/6/2022 and thereafter he moved for anticipatory bail. In the meanwhile, the complainant gave the further statement to the police on 15/6/2022, alleging that the petitioner sexually assaulted her by promising to marry her. Therefore, the police invoked the provisions under Sec. 376 of IPC on 16/6/2022 and took up the investigation. However, the police are making hectic efforts to arrest the petitioner and hence he is before this Court seeking anticipatory bail.