AASIF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri. Syed Fayazuddin, learned counsel for the petitioner and Sri.Gururaj V. Hasilkar, learned High Court Government Pleader for the respondent - State. Perused the records.

(2.) The present petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973, with the following prayer:

(3.) The brief facts of the case are as under: Upon receipt of a Medico-Legal Case, the City Women Police of Kalaburagi visited the Hospital and took the complaint from the complainant, who is the victim in the instant case. The gist of the complaint averments reveal that the complainant had visited Kalaburagi for attending an Examination and while returning, she was waiting for an Autorickshaw near 'Kharge Petrol Bunk' to go to Bus Stand and at that juncture, an Autorickshaw bearing No.KA-32/A- 3296 came there and the complainant boarded the said Autorickshaw. Instead of taking her to the Bus Stand, the Autorickshaw moved towards Buddha Vihar and thereafter in a lonely place, the autorickshaw was stopped and its driver (petitioner herein) misbehaved with the complainant, pulled her hands and also forced her to have physical relationship with him. When the same was resisted by the complainant, the accused assaulted and also slapped her. On seeing charge sheet witnesses, viz., CW-9 and CW-10 coming towards the said place, the accused ran away from the spot. Thereafter, the mobile telephone was recovered and the accused was apprehended by the Police and he has been sent to Judicial Custody on 27/9/2021.