The State has preferred this revision petition against the
order passed in S.C.No.1476/2017 dated 19.06.2018 by the
LIII Addl. City Civil and Sessions Judge, Bengaluru (CCH-54)
(hereinafter referred to as the ‘learned Sessions Judge’),
whereby the learned Sessions Judge allowed the discharge
application filed by the respondent/accused under Section 227
of Cr.P.C. and discharged the respondent/accused in Crime
No.10/2017 for the offences punishable under Sections 376,
420 and 506 of IPC.
2. The factual matrix of the prosecution case is that:
On 09.02.2017, the complainant-CW.1 lodged a
complaint against the accused alleging that she was studying at
Central College and in the same college accused was also
pursuing his II year M.Com, developed acquaintance with her,
talking to her everyday in a friendly manner, proposed her that
he loves her and going to marry her. With the assurance of love
affair and also marrying, the accused taken complainant to
Shivamogga on 26.12.2012 in VRL bus, during the midnight at
about 12.30 a.m. the accused hold her hands tightly and tied
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the same with her vale, when CW.1 started screaming he also
gagged her mouth by squeezing cloth into her mouth and
committed forcible sexual intercourse with her in the bus itself.
Post committing such act, accused started telling complainant
that, if she informed police or anybody at home he is not going
to marry her and hence taken sometime with CW.1 to marry
her. Again on 10.3.2015, the accused invited CW.1 to his house
on the guise of discussing marriage talks and once again
consummated her by threatening her with dire consequences.
On 18.09.2016, accused taken Rs.35,000/- from complainant
on account of some loan, again on 16.08.2016, took another
30,000/- from CW.1 and insisting her to pay Rs.3,00,000/- for
the purpose of share business and some how taken Rs.50,000/-
from CW.1. Again on 07.01.2017, accused had taken
complainant to Rockline mall on the guise of showing movie
and committed forcible sexual intercourse with her and later
started blackmailing her that he recorded a video of sexual
activity with her and if she give any complaint, he is going to
upload the said video in the social media and thereby started
threatening the complainant. Later, accused started to her
telling that his engagement has been done with his maternal
NC: 2025:KHC:13242
uncle’s daughter and thereby deceived complainant by refusing
to marry her and hence complainant-police have filed charge
sheet for the offences referred supra.
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