SANTOSH Vs. STATE

JUDGEMENT

(1.) Accused No.2 in Crime No.57/2023 registered by Gandhi Nagar Police Station, Davanagere District for the offence punishable under Ss. 354(B), 109, 506, 504, 323 R/w 34 of IPC is before this Court under Sec. 438 of Cr.P.C,

(2.) Heard learned counsel appearing for the parties.

(3.) On the basis of complaint dtd. 18/6/2023 lodged by one Smt. Sunitha Thimmesh D/o Thimmesh, Gandhinagar Police had registered FIR in Crime No.57/2023 against Smt. Sarojamma and two others. The petitioner who is the son of accused No.1 - Sarojamma is arrayed as accused No.2 in the said case. In the complaint it is averred that accused No.1 by misrepresentation was working in Davanagere City Municipal Corporation in the place of complainant's mother, after her death. Accused No.1 is the sister of complainant's mother. On 16/6/2023, complainant had visited the corporation office for the purpose of enquiry regarding allotment of accommodation to the corporation employees. At that time, the accused persons allegedly abused her and also assaulted her. It is stated in the complaint that the petitioner has pulled the clothes of complainant and tried to outrage her modesty. In this regard, complaint was lodged by her on 18/6/2023. The petitioner apprehending arrest in the said case had filed bail application in Crl.Misc.No.741/2023 before I Addl. District & Sessions Judge, Davanagere, which was dismissed on 12/7/2023. It is under these circumstances, the petitioner is before this Court.