NAGARAJA M. V. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant under Sec. 14(A)(2) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST POA Act) for setting aside the order in Crl.Misc.No.596/2023 dtd. 16/6/2023 passed by the II Additional District and Sessions Judge, Davangere for having dismissed the petition filed under Sec. 438 of Cr.P.C arising out of Crime No.54/2023 registered by Davangere Women Police Station, Davangere, for the offence punishable under Ss. 376 (2)(n), 506, 504, 323, 417 of IPC and Sec. 3(1)(r), 3(1)(s), 3(2) (v-a) and 3(1)(w) of SC/ST POA Act, (hereinafter referred as Special Act ).

(2.) Heard the argumentS of learned counsel for appellant and learned HCGP for the State and learned counsel for respondent No.2.

(3.) The case of the appellant is that the respondent No.2/victim, filed a first information on 25/5/2023 alleging that she is an Engineer worked in 'Shilpa consultancy', Davangere. At that time, the appellant came in contact with her, who was also working in the same company. Later, she left the job and started a separate office in the year 2014. Subsequently, the appellant approached her with consent of her father and took the complainant to his office named Srinidhi consultancy, as staff. Later, the appellant started sexually abusing her, stating that he will marry her after divorcing his wife and everyday he used to have sexual affair with her. Inspite of her resistance, the appellant not ready to hear but forcibly he had sexual intercourse with her. Subsequently, on 7/11/2022 and on 15/3/2023 he arranged a room at resort, took her there under the guise of her birthday celebration and he had sexually assaulted her in room No.102 between 11.30 a.m. and 5 p.m. He also abused her and threatened her not to disclose. Later, on 24/4/2023, once again he had sexually assaulted her. Thereafter, when she insisted for marriage, he started neglecting her. Then on 1/5/2023, she also attempted to commit suicide, for that the accused refused to marry her, stating that she belongs to Lambani community and he belongs to Lingayath and therefore his family members will not accept their marriage and abused her by calling her as prostitute. Hence victim/complainant filed a complaint for taking action. After registering the case, the police are trying to arrest the appellant, hence he has approached the Sessions Judge for granting anticipatory bail, which came to be rejected. Hence he is before this court.