C.R. Kumarswamy, J: This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure praying to set aside the order dated 21.5.2010 passed by the III Additional Civil Judge (Jr.Dn.) and JMFC, Shimoga in Crime No.106/2010.

2. Though this matter was listed for admission, with the consent of the learned Counsel for the petitioner as well as the learned Addl. State Public Prosecutor, this matter is heard on merits.

3. The primary facts of the case are as under:

3.1 Vinobanagar Police Station, Shimoga have registered a case in Crime No.106/2010 against the Accused Nos.1 to 3 for the offences punishable under Sections 376, 341, 342 and 506 read with Section 34 of the Indian Penal Code. Accused No.1 is the petitioner in this criminal petition.

3.2 The complainant has lodged a complaint before the Station House Officer, APMC Yard Police Station, Shimoga. The contents of the complaint are as under:

3.3 That complainant was house-wife and is married to Sri Venkatesh Murthy who is a businessman by profession. Her husband was active in community activities. She and her husband belong to Ediga community. Accused No.1 is also from the same community and he is a politician by profession. He is attached to BJP political party and he is also a member of the Karnataka Cabinet and holds the portfolio of Food and Civil Supplies. He is known to her husband for about seven years and has visited their house on more than one occasion. During those visits, he had breakfast, lunch etc., with her and the other members of her family.

3.4 That on 26.11.2009 at about 8.00 p.m. Accused No.1 called her husband on one of his mobile phone bearing No.9449497594 from his mobile phone bearing No.9448496009 and informed him that he would be coming to their house for dinner. Here husband asked her to prepare the dinner for guests who would be coming home. Around 10.08 p.m. Accused No.1 called her husband once again and confirmed that he would be visiting his home in the next 10 minutes. Around 10-15 p.m. Accused No.1 came to their house in a car. Accused No.1 alighted from the car in front of their house and the car left the place. Thereafter the Accused No.1 and her husband had dinner together and were chatting till about 11.30 p.m. At that time, Accused No.1 informed her husband that it was too late for him to return to the Inspection Bungalow where he has kept his belongings and expressed his desire to stay back in their house for the night and that he would walk back to the Inspection Bungalow on the early hours of next day. Her husband as a good host, readily agreed for the same and asked him to stay in the night and prepared the guest room for his stay. Her husband gave a white dhoti to Accused No.1 and took him up to the guest room. Herself and her husband retired to their bedroom and slept. At about 3.30 a.m, Accused No.1 hascalled her husband with his name from the first floor and her husband went to the first floor to attend on him. Accused No.1 informed her husband that he is suffering from diabetes and hypertension and that he has left behind the tablets in the Inspection Bungalow and requested her husband to go and secure the same. Accused No.1 has even pretended to be very serious and on the verge of collapse. Her husband fearing fro health and safety of Accused No.1, has come down and seeing her asleep has just pulled up their bed room and went out locking the front door to fetch tablets from the Inspection Bungalow. That she was completely unaware of all these developments as she was fast asleep. Accused No.1, after dispatching her husband to secure medicine, quietly sneaked into her bed room and came on to the bed which was covered with the mosquito net. She was sleeping with her bottom covered with a petty-coat. Accused No.1 who climbed on to the bed initiated sex with her. As she was sleepy, she suddenly sensed that the person who is initiating sex is not her husband and immediately tried to withdraw herself from his clutche