ARUNKUMAR S/O VIRUPAKSHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner / accused under Sec. 528 of Bharatiya Nagarika Suraksha Sanhita 2023 (hereinafter referred as BNSS) for quashing First Information and FIR in Crime No. 180/2024, registered by the Lingasugur Police Station, for the offences punishable under Ss. 376, 323, 506 and 420 of IPC, pending on the file of Prl. Civil Judge (Jr. Dn) and JMFC, Lingasugur, Dist: Raichur.

(2.) Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent No. 1 - State and the learned counsel for the respondent No. 2.

(3.) The case of the prosecution is that as per the first information lodged by the respondent No. 2 before the police on 1/7/2024, alleging that she is working as a nurse in a Government Hospital, Lingasugur. Her husband met with an accident on 28/3/2021, admitted in the Government Hospital and he was died on 30/3/2021 During the time of treatment and after the death of her husband, the accused / petitioner said to be working in the same Hospital as 'D' group employee. He was helped the complainant while treatment. After the death of her husband and the accused frequently used to visit the house of the complainant and consoled the respondent No. 2. He also came forward to give life to the complainant and promise to marry her. On this background, the accused took the complainant into a room under the guise of going to the Temple and committed sexual assault on her against her will on 24/6/2021. Further, he used to call her forcibly and commit the sexual assault. Subsequently, on the assurance of marriage, the accused has collected more than Rs.11,43,180.00 from the complainant on various dates through online transfer and also received by cash totally and cheated the complainant without repaying the same and also not remarrying the de-facto complainant. Hence, the complaint came to be filed.