MANISH KUMAR SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in S.C.No.314 of 2020 pending before the 53rd Additional City Civil and Sessions Judge, Bangalore arising of crime No.301 of 2018 registered for offence punishable under Sec. 376 of the IPC.

(2.) Heard Sri M.G.Siddaraju, learned counsel appearing for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader for respondent No.1.

(3.) Brief facts that lead the petitioner to this Court in the subject petition are that, on 13/8/2018, the 2nd respondent registers a complaint against the petitioner alleging that she checked into Pride Hotel at Residency Road at about 8.30 p.m. on 12/8/2018 and after check-in and verification, while she was travelling in the lift, meets one Manish and another person from room service. It is the case of the complainant that, as the petitioner was conversating in Hindi, they both exchanged the telephone numbers. The petitioner and respondent No.2 both went to their respective rooms. Later, she goes to have dinner in the meanwhile. The petitioner is claimed to have called her to his room and she goes there, where it is alleged that the petitioner and the 2nd respondent had sexual intercourse and respondent No.2 left to her room on the say of the petitioner. When she knocked on the door of the petitioner's room, the petitioner refused to let her in and indulged in heated arguments and also physically assaulted respondent No.2. Based upon this, a complaint comes to be registered in Crime No.301 of 2018 on 13/8/2018, alleging that the petitioner forcibly had sexual intercourse with her as he was a stranger to the complainant and later, after having sexual intercourse assaulted her and abandoned her. The Police after investigation filed a charge sheet in the matter and the proceedings are pending in Sessions Case No.314 of 2020. It is the pendency of the proceedings that is called in question in the subject petition.