DIL DEVINDER SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by accused under section 439 of Cr.P.C., 1973 praying to release him on bail in Crime No.211/2018 of Whitefield Police Station registered for the offence under Section 376 of IPC.

(2.) I have heard the learned Senior Counsel Sri Padmanabh V. Mahale on behalf of the petitioner and the learned HCGP for the respondent-State so also the learned counsel for the complainant-victim.

(3.) Gist of the complaint is that victim filed the complaint on 26.5.2018 alleging that she is working as a Safety Associate in IQVIA in Prestige Tech Park, Bangalore, since November, 2017 and she is residing at A-601 SVS Silver Woods, Ramagondanahalli, Whitefield, Bangalore, which is a three bedroom apartment wherein she occupied one room along with one Sowmya. It is further alleged that her roommate Sowmya left for Kolkata. As the complainant is from Jalandhar, Punjab, she did her school education from Dalhousie and did her graduation from Jalandhar and at that time she met the accused-petitioner. It is further alleged that again she met him in November, 2016 at her friend's marriage. Thereafter the petitioner-accused used to send her messages in Whatapp once in a while. Few months ago the petitioner sent a message that he would be coming to Bangalore to attend an interview and he wanted to meet her. On 25.5.2018, petitioner-accused called her from his mobile phone and informed her that he has come to Bangalore and requested her to meet him at Toit Restaurant at Indiranagar. The complainant went to Toit Restaurant at 9.30 p.m. and met him outside the restaurant. As there was no table in the restaurant, the petitioner told her to go to another restaurant in Koramangala. They took a rented car and went to Toddy House and there the petitioner made her to drink beer. She also consumed two bottles of Kingfisher. Both the petitioner and his friend Tushar compelled her to drink more beer and she insisted that she wants to go back as it was late. The petitioner told her that he would drop her and when the petitioner and the victim were going, he made her to consume some more beer and at that time, she was feeling uncomfortable as beer made her to feel weak and sick. The petitioner took her to apartment on the pretext that he wanted go to bath room. They reached the room between 1.00 and 2.00 a.m. At that time, petitioner forced her into her room. He locked the room and forced her to bed and removed her clothing. The complainant tried to resist and shout. Since she was weak and sick, the petitioner closed her mouth and forcefully undressed her and thereafter committed rape for 3 to 4 times. It is further alleged that though she made efforts to get out from the bed, the petitioner kept her under pressure and force. She was too weak to move him away. She lost her consciousness, when she woke up in the morning she found herself in miserable conditions. She cried a lot. She was in a shock and did not know what to do. She scared to complain. But subsequently, she came in contact with Blank Noise an NGO and sought an action against the petitioner. On the basis of the said complaint a case has been registered.