KARTHIK GOWDA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) THIS petition is filed by the petitioner -accused challenging the entire proceedings initiated on the basis of the complaint filed by respondent No. 2 registered in respondent Police Station Crime No. 236/2014 pending on the file of the VIII ACMM Court, Bengaluru for the offences punishable under Sections 376, 420 and 366 of IPC.

(2.) THE case of the prosecution as per the complaint dated 27.8.2014 lodged by complainant -respondent No. 2 is that the accused -petitioner herein came in contact with the complainant, on 8.5.2014 at about 8.00 p.m., at Sanjaynagar coffee day and they were introduced each other through one Kushal. Thereafter, the accused was talking to the complainant over phone and shortly, both of them were attracted. Accused was insisting the complainant to marry him and threatened her that, in case she refused, the consequences would be serious. Due to the fear and as there was no other way, the complainant accepted and gave her consent. On 5.6.2014, accused took the complainant by Air to his house at Mangaluru, where he said that after getting permission from his parents, he will marry her in a grand manner and he further insisted her that for the present, he would tie a thread with a piece of turmeric to her neck. As there was no other way, she accepted for the same and because of the insistence and pressure, she got tied a thread with a piece of turmeric to her neck in front of pooja room in the house of the accused at Mangaluru at about 4.00 p.m. On that day, the complainant stayed with the petitioner in his house and during the night, against her will and without her consent, he committed rape on her. Thereafter, the accused and the complainant returned to Bengaluru, where, in the apartment belonging to the accused, he committed rape on her for four times. The complainant and the accused used to meet each other in the country club at Airport road so also they were meeting at Skybar at UB City. The accused further used to introduce the complainant as his wife to his friends.

(3.) HEARD the arguments of the learned senior counsel appearing for the petitioner -accused, learned SPP appearing for respondent No. 1 -State and the learned Counsel appearing for respondent No. 2 -complainant.