SHABANNA TAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439(2) of Cr.P.C., seeking cancellation of the order dtd. 4/4/2022 passed in Crl.Mis.3084/2022 by the LIII Additional City Civil and Sessions Special Judge, Bengaluru in favour of the respondent No.2 for the offences punishable under Ss. 323, 376, 420, 506 of IPC.

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

(3.) The factual matrix of the case is that the complainant/victim had filed the private complaint before the Court making allegation against respondent No.2 that he being a Police Constable, promised the victim that he would marry her and on that guise, he subjected her for sexual act continuously from 2019 till the date of giving the complaint i.e., in the month of February 2022 but, he has not married the complainant. Firstly, on 14/2/2022, the complainant had approached the Police Inspector, Mahadevapura Police Station where respondent No.2 was working alleging cheating and subjecting her for sexual act under the guise of marrying her, from 2019, but, the said complaint was not registered and hence, on 23/2/2022, the complainant had approached the Police Commissioner, Infantry Road, Bengaluru, wherein also she reiterated the aforesaid allegations against respondent No.2, but the said officer has also not taken any action against the said complaint and again on 24/2/2022, the complainant gave one more complaint before the Deputy Commissioner of Police, Infantrary Road, Bengaluru and on the said complaint also, no action was taken, hence, without any other alternative, the complainant had approached the jurisdictional Court and the learned Magistrate referred the matter for investigation under Sec. 156(3) Cr.P.C. Thereafter, respondent No.2 had approached the Sessions Court by filing a petition under Sec. 438 of Cr.P.C., and the Trial Court vide order dtd. 4/4/2022 granted anticipatory bail in coming to the conclusion that the complainant is aged about 27 years and had physical relationship with respondent No.2 for all these three years which amounts to consensual relationship. The respondent No.2 had also lodged the complaint against the complainant in Cr.No.67/2022 in the very same police Station, wherein he was earlier working and the contents of the complaint as narrated in the order indicates that he had paid an amount of Rs.3.00 lakhs and also was paying rent of Rs.7,000.00 per month to the complainant and maintaining her expenses and had further alleged that she is demanding an amount of Rs.10.00 lakhs from respondent No.2 or otherwise, she will file a false complaint against him. In this regard, settlement was arrived through an advocate to pay a sum of Rs.3,50,000.00 and respondent No.2 has paid Rs.1,00,000.00 through google pay to the bank account of her advocate. By assigning the aforesaid reasons and by exercising the powers under Sec. 438 of Cr.P.C., the Sessions Court has granted anticipatory bail in favour of respondent No.2 herein. Hence, the present petition is filed by the complainant to cancel the bail granted in favour of respondent No.2.