SHABANA TAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439(2) of Cr.P.C praying this Court to cancel the bail order dtd. 30/6/2023 passed in favour of respondent No.2 in Crl.Misc.No.5631/2023 by the LIII Additional City Civil and Session Special Judge, Bengaluru for the offences punishable under Sec. 376, 417, 323 and 506 of IPC registered by the Mahadevapura Police Station in Cr.No.80/2022.

(2.) The factual matrix of the case of the petitioner before the Trial Court that she has filed a private complaint against respondent No.2 stating that respondent No.2 is working as a police constable in the very same police station i.e., Mahadevapura Police Station. He came in contact with the complainant in connection with the issue of vacating the premises and he has promised the victim that he would marry her and on that guise, respondent No.2 subjected the complainant for sexual act continuously from 2019 till February 2022. When respondent No.2 has not married the complainant, on 14/2/2022, she gave the complaint before respondent No.1-police station. It the case of the complainant that firstly, on 14/2/2022, she had approached the Police Inspector at Mahadevapura Police Station alleging cheating and subjecting her for sexual act by respondent No.2 from 2019 to 2022 and when the action was not taken, the complainant had approached the Police Commissioner and when the Police Commissioner also failed to take any action against respondent No.2, once again she gave another complaint on 24/2/2022 before the Deputy Commissioner of Police, Bengaluru and on the said complaint also, action was not taken. Hence, without any other alternative, the complainant had approached the jurisdictional Court by filing a private complaint and the learned Magistrate referred the matter for investigation under Sec. 156(3) of Cr.P.C. Thereafter, respondent No.2 had approached the Sessions Court by filing a petition in Crl.Misc.No.3084/2022 under Sec. 438 of Cr.P.C and the Sessions Judge granted the anticipatory bail on 4/4/2022. The said order was challenged before this Court by the petitioner in Crl.P.No.4320/2022 and this Court in elaborate discussion, taking into note of the material available on record, cancelled the bail granted by the Trial Court vide order dtd. 1/7/2022.

(3.) It is also contended in the present petition that when this Court has cancelled the bail, respondent No.2 by suppressing the said fact, had filed the writ petition in W.P.No.13787/2022 before this Court under Sec. 482 of Cr.P.C seeking for quashing of FIR filed in Cr.No.80/2022 wherein he had obtained an order of stay on 25/7/2022. Thereafter, the complainant came on record and narrated all the material facts before this Court and accordingly, this Court vacated the stay order granted on 25/7/2022 vide order dtd. 15/3/2023 wherein an observation is made that by suppressing the order passed by this Court in Crl.P.No.4320/2022, he had obtained an order of stay of the investigation. The counsel also would vehemently contend that respondent No.2 had played fraud upon this Court by suppressing the material facts.