RAJARAMALAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the Respondent -State. Perused the records.

(2.) The complainant-Smt. Varsha Naveen, aged 29 years has filed a complaint against the petitioner and another before the respondent-K.R.Puram Police Station, Bengaluru City, for the offences punishable under Sections 354-B, 509, 323, 341, 506 r/w. 34 of IPC and the same was registered in Crime No.484/2019. Out of these, the offences under Section 354-B and 506 are non-bailable in nature.

(3.) The allegations made against the petitioner in brief are that, the petitioner is none other than the brother-in-law of the husband of the complainant. They were all living together in a house. The husband of the complainant-Naveen was addicted to alcohol and he was the regular visitor of night clubs etc. Taking advantage of the said situation, it is alleged that the petitioner wanted to develop some intimacy with the complainant and therefore, on several occasions he made attempts to persuade the complainant to show sexual favours to him. He also made attempts to outrage her modesty as and when the occasion permitted by going to the bed room of this lady and also taking advantage of the situation whenever she is alone in the house. However, from the year 2015 up to 2018 such things have been happened. It appears, in the year 2015, the complainant left the matrimonial house and went to their parents house because of the ill- treatment and harassment by her husband and other members of his family and thereafter she lodged a complaint against her husband and his family members under Section 498-A of IPC. But, she admitted that, she has not disclosed any act of this petitioner in the said complaint at that particular point of time, but for that, she has given her explanation stating that, her husband may show favour to her; and with that fond of hope, she has not disclosed all those things in the complaint. But, subsequently, on 20.08.2019, they all went to Alpha Garden Apartment, where the husband of the complainant was residing in order to enter into a compromise. At that time, this petitioner called her inside the house with an ill-intention. But, she presumed that he might have felt sorry for the acts committed by him and therefore he wanted to seek apology of her and therefore, she went inside the house, but, at that time also he made attempts to touch her private parts and also requested her to do sexual favour etc. then, she slapped him and came out of the house, and thereafter went to the Police Station. It is also stated that, near the Police Station itself, the petitioner called the 2nd petitioner and threatened the complainant and others with dire consequences of killing them etc. On the basis of the above said allegations, the police have started investigation in the matter.