SHIVADHANUSH T. G. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question the crime registered in Crime No.140 of 2023 and charge sheet bearing No.13 of 2024 for offences punishable under Ss. 376, 417 and 504 of the IPC.

(2.) Facts in brief, germane, are as follows: Before embarking upon consideration of the issue on its merit, I deem it appropriate to notice the relationship between the protagonists in the alleged episode of crime. The 1st petitioner and the 2nd respondent are said to be in a relationship. Petitioners 2, 3, 4, 5, and 6 are accused 2 to 6, they are the family members of the 1st petitioner/accused No.1. The 2nd respondent is the complainant. The 1st petitioner is an employee working in the office of the sub-registrar at Indiranagar, Bangalore. He gets embroiled in a crime in Crime No.140 of 2023 for it having been registered by the 2nd respondent. The gist of the complaint is that, the 1st petitioner and the complainant were known to each other for 7 years and they were also said to be in love. The friendship blossomed into relationship and the relationship led to engagement of the 1st petitioner with the 2nd respondent/complainant on 28/11/2021. Before and after the engagement, it is the averment in the complaint that they have had physical relationship as well. The engagement did not result in marriage.

(3.) On the score that the 1st petitioner has had physical relationship with the complainant on the promise of marriage and the relationship was for over 7 years, the 1st petitioner has breached the promise of marriage, as the engagement did not result in marriage, crime comes to be registered for offence of rape and cheating in Crime No.140 of 2023. The police, after investigation, file a charge sheet against all the petitioners, the 1 st petitioner and other members of the family. They are arraigned as accused Nos.1 to 6. Filing of the charge sheet is what has driven these petitioners to this Court in the subject petition.