NILOFER D/O SHARIFSAB SAHEBANAVAR Vs. KHWAJAHUSEN

JUDGEMENT

(1.) Heard the petitioner's counsel in Crl.P. No.101203/2018 and learned AGA for the petitioner in Crl.P. No.101462/2018 and also learned counsel for the respondent in both the petitions.

(2.) The petitioner in Crl.P. No.101203/2018 is the complainant, who filed a complaint against respondent No.1-accused and based on the complaint, case has been registered against the accused for the offences punishable under Sections 376, 506 and 420 of IPC. Crl.P. No.101462/2018 is filed by the State against respondent/accused. In both the petitions invoking Section 439(2) of Cr.P.C., the petitioner/complainant and State have sought for an order of cancellation of bail granted by this Court in Crl.P. No.101241/2014 dated 24.07.2014 granting anticipatory bail in favour of the respondent/accused.

(3.) The factual matrix of the case is that the complainant has filed a complaint before the respondent No.2-Police against respondent No.1/accused that he had committed rape on her under the guise of promise to marry the petitioner/complainant, subsequently, he refused to marry her and it is the allegation in the complaint that he committed rape on her; herself and respondent No.2 both belongs to same community and the petitioner/complainant was often visiting the house of her relative by name Imamsab Sahebanavar. During that period, since 2010, he came in contact with the complainant and in fact, it is stated that they were traveling in the same bus to go to college and they were talking with each other freely. Thereafter, this friendship has developed into love affair between them. It is alleged that the accused assured her that he would marry and by saying so, in the year 2013, he took her to his farmhouse and had sexual intercourse with her forcibly and subsequently, she came to know that his marriage was fixed with some other girl; knowing this, the complainant and her family members went to the house of the petitioner in order to have the marriage talks but he refused to marry her, in that back ground, the complaint was given and case was registered against the accused stating that he threatened the complainant with dire consequences, if she lodges any complaint against him, by showing a knife. The petitioner in Crl.P. No.101241/2014 who is the accused had prayed this Court seeking anticipatory bail and this Court had granted bail vide order dated 24.07.2014 subject to certain conditions.