KUMARI CHAITHRA G.O Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439(2) of Cr.P.C. by the defacto complainant praying this Court to set aside the order dtd. 28/3/2022 passed by the LIII Additional City Civil and Sessions Special Judge at Bengaluru in Crl.Misc.No.2904/2022, for the offence punishable under Ss. 376(n), 417, 420 and 506 of IPC.

(2.) The factual matrix of the case is that the complainant and respondent No.2 are Engineers by profession working in the Company by name Enfotic Digital Engineering Private Limited since 2019. In the month of February 2020, respondent No.2 had proposed her when he called her to the Orion Mall at Bangalore and the petitioner rejected the proposal saying that she belongs to Lingayath Community and he belongs to Vokkaliga Community and their family will not agree for the marriage proposal. This being the scenario, gradually they developed close relationship and on the pretext of marrying the petitioner, respondent No.2 had committed forcible sexual intercourse on different dates at various places against the wishes of the petitioner and respondent No.2 had assured and promised the petitioner that he would marry her in due course, on this pretext, respondent No.2 had committed sexual intercourse continuously. When the things stood thus, on 12/12/2020, respondent No.2 took the petitioner to Goa and they stayed for three days in Goa. There he repeatedly committed the sexual intercourse with her against her wish and when the petitioner pressurized respondent No.2 for marriage, he refused to marry her saying that caste will come in the way of their marriage and further his parents will not agree for intercaste marriage and when the petitioner further pressurized respondent No.2, he had threatened her that he would take away her life. Hence, the complaint is lodged.

(3.) The learned counsel for the petitioner submits that respondent No.2 had approached the Sessions Court invoking Sec. 438 of Cr.P.C. and the same was rejected and subsequently on filing of the charge-sheet, approached this Court in Crl.P.No.1376/2022 and this Court rejected the same. Thereafter, he was arrested and he was in judicial custody and filed the petition under Sec. 439 of Cr.P.C. and the Trial Court was pleased to grant the bail. Hence, the present petition is filed for setting aside the said order.