RAVINDRA B. SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal under Sec. 14(A) (2) of SC/ST (POA) Act, is filed for setting aside the order of dismissal of the petition filed under Sec. 439 of Cr.P.C., dtd. 29/5/2023, passed in the Spl.C.No.839/2023, by the Court of LXX Additional City Civil and Sessions Judge and Special Judge at Bengaluru (CCH-71) arising out of Crime No.42/2023 registered by the Jayanagar Police Station, Bengaluru for offence punishable under Ss. 354(A) , 506 , 504 , 376 of IPC and Sec. 3(1) (r), 3(1) (xii) of SC and ST (Prevention of Atrocities).

(2.) Heard the learned counsel for the appellant-accused No.1 and learned HCGP for respondent-State. Respondent No.2 though served with notice remained unrepresented.

(3.) The case of the appellant-accused No.1 is that, on the complaint of respondent No.2 on 16/2/2023, initially, the Police registered the FIR against the appellant for the offences as stated above. It is alleged in the complaint that, respondent No.2 was working as beautician in Gold Finger Saloon for one and half year and subsequently there was the change in the Management in January 2023 and sister of the present appellant-accused No.1 took over the Management and this appellant-accused No.1 who is the brother of the accused No.2 was frequently visiting the saloon and was availing all the services which were not offered for other customers. On 14/2/2023, at about 2.30 p.m. after coming to know that the respondent No.2 was all alone in the salon came inside the salon asking that what she was doing and he forcibly dragged her to staff room and sexually assaulted her by removing her clothes and subsequently she came out from the room and accused No.1 came from her behind and consoled her. Thereafter, she came out of the saloon at 5.30 p.m, went to her house and thereafter she lodged a complaint before the Police.