MALLIKARJUN DESAI GOUDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in S.C.No.664 of 2022 arising out of Crime No.54 of 2021 registered for offences punishable under Ss. 376, 376(2)(n), 354, 323, 406, 504, 506 r/w 34 of the IPC pending before the LIII Additional City Civil and Sessions Judge, Bengaluru. Page No.2 is retyped and replaced vide chamber order dtd. 14/3/2023.

(2.) Shorn of unnecessary details, facts in brief, are as follows:- The 2nd respondent is the complainant and the petitioner is the accused. The two became acquaintances. The acquaintance turned into relationship and the relationship into sexual relationship. This is said to have gone on for a long period. The allegation is that on the pretext of marriage, the petitioner had sexual intercourse with the 2nd respondent/complainant and has later breached the promise of marriage and, therefore, the contention is that consent of the complainant was obtained by inducement on false promise of marriage. On the said alegation, the 2nd respondent registers a crime in Crime No.54 of 2021 for the afore-quoted offences. The Police, after investigation, file a charge sheet in the matter and the case is now registered as S.C.No.664 of 2022 and pending before the learned Sessions Judge. Filing of charge sheet by the Police after investigation thereto is what drives the petitioner to this Court in the subject petition.

(3.) Heard Sri Chetan Desai, learned counsel appearing for the petitioner; Sri Kiran S. Javali, learned State Public Prosecutor representing respondent No.1 and Smt. Veena J.Kamath along with Ms. Lekha G.D., learned counsel appearing for respondent No.2.