STATE OF KARNATAKA Vs. NAGARAJAIAH B.R.

JUDGEMENT

(1.) This petition is filed by the State challenging the order passed by LIII Additional City Civil and Sessions Judge, Bengaluru in S.C.No.1224/2016 dated 12.03.2018.

(2.) I have heard Sri V.M. Sheelavant, learned SPP-I for the petitioner-State and Sri S. Rajashekar, learned counsel for respondent-accused.

(3.) The gist of the complaint is that since 4 years, the complainant was residing in the given address along with her son Chandu who is aged about 11 years. The accused helped her in filing the case against her husband and in that context, he came in close contact. As he was working as a driver in Kanija Bhavan, he told that he know politicians and he will help her and persuaded and made her to file a complaint against her husband and thereafter, they started living separately. At that time, the accused took her phone number and used to talk over phone and after coming to know that she is staying alone in the house about four years back, at about 10.30 p.m., the accused went to her house and closed the door and he talked rubbishly and by putting the cloth in her mouth and tied her hands, against her will, he undressed her and sexually assaulted and thereafter, he took the nude photographs and threatened her that if she tells the said issue to anybody, he will upload the said nude photographs into facebook, twitter and also in general T.V. He also threatened her that he will inform her husband and in that way, he threatened. Due to the threat, she does not file any complaint against the petitioner-accused. By taking advantage of the said situation, the accused used to often visit the house of the complainant and used to have sex. Thereafter, the complainant shifted her residence and the accused traced her without telling, he came to the house and by abusing, he had a sexual act with her for 4-5 times and he also showed the photographs taken in the mobile and told that if she is not going to hear what he says, he will send these photographs to her sister's and husband's house and he also used to ask her to consume alcohol and to eat non-vegetarian food. Against her will, he used to ill treat her by putting the said articles on her body.