STATE OF KARNATAKA Vs. DHARMESH

JUDGEMENT

(1.) Heard Sri. K. Nageshwarappa, learned HCGP appearing for the State and Sri. N.D. Manjunath, learned counsel appearing for the respondent / accused. Perused the records.

(2.) A complaint came to be lodged by Smt. Manjula M. alleging that accused No. 1 and herself were working in the NHE factory and they became close and their friendship had developed into intimacy; she has further stated that by misusing the friendship, on 20.04.2015 he took her behind the Citizen School of Nanjanagudu and committed rape on her; she further states that when she questioned accused No. 1, he took her to Dharmasthala and in the presence of her family members and friends, he married her on 31.05.2015; she further states that accused No. 1 later on under the pretext of meeting his uncle Jayaram, who is said to have met with accident, left the village and did not return and she made enquiries in the house of accused No. 1 and at that time, parents of accused No. 1 including brother of accused No. 1 and other family members i.e., accused Nos. 2 to 4 abused her by using her caste name and also threatened her not to visit their house as she was incapable of meeting their dowry demands. On these grounds, complaint came to be lodged.

(3.) Accused No. 1 apprehending his arrest, filed a petition under Section 438, Cr.P.C., since complaint lodged by Smt. Majula M. had been registered in Cri.No.36/2016 for the offence punishable under Sections 3(1)(r), 3(1)(s), 3(2)(v) of Scheduled Casted and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned Special Judge, Mysore, by order dated 09.06.2016 passed in Cri. Misc. No. 116/2016 allowed the petition and ordered the release of accused No. 1 in the event of his arrest in Cri.No.36/2016 conditionally.