GIRINATH B. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.6863 of 2022 raises a challenge to the proceedings in C.C.No.54359 of 2021 registered for offences punishable under Ss. 417 and 420 of the IPC. Criminal Petition No.6485 of 2022 raises a challenge to the proceedings in C.C.No.247 of 2022 registered for offences punishable under Ss. 376(2)(n), 506, 504, 323, 114, 417 r/w 34 of the IPC. Petitioner/Girinath B in Crl.P.6863 of 2022 and 1st petitioner in Crl.P.6485 of 2022 are common in both these petitions; so is the complainant and the cause of action is also common. Therefore, both these petitions are taken up together and considered by this order. For the sake of convenience, petitioners will be hereinafter referred to as the petitioner and the 2nd petitioner as such.

(2.) Heard Mr. T.I. Abdulla, learned counsel appearing for the petitioners, Smt. K.P. Yashodha, learned High Court Government Pleader for respondents 1 to 3 in Crl.P.No.6485 of 2022 and respondents 1 and 2 in Crl.P.No.6863 of 2022 and Sri T.Nataraju, learned counsel appearing for respondent No.4 in Cri.P.No.6485 of 2022 and respondent No.3 in Crl.P.No.6863 of 2022.

(3.) Facts, as projected by the prosecution are as follows: The complainant is the same in both these petitions, it is the 3rd and 4th respondent respectively. The complainant comes in contact with the petitioner - Girinath B. in the year 2013 through face book - the social media. They become friends, it transpires that the petitioner was staying close to the complainant's house. It is the narrative of the complainant, that she was always taken to the house of the petitioner, on the score that he was a very good chef and would prepare delicious food and every time she used to go to his house, drink beer and have sexual intercourse. This story goes on up to 2019, for about 6 years. Later the complainant alleges that the petitioner has used her on the promise of marriage and after 2019 has lost all intimacy.