Point of Law: An offence is punishable under Section 376 of IPC if offence of rape is established in terms of Section 375 which sets out ingredients of offence.

ORDER :

Criminal Petition No.6863 of 2022 raises a challenge to the proceedings in C.C.No.54359 of 2021 registered for offences punishable under Sections 417 and 420 of the IPC. Criminal Petition No.6485 of 2022 raises a challenge to the proceedings in C.C.No.247 of 2022 registered for offences punishable under Sections 376(2)(n), 506, 504, 323, 114, 417 r/w 34 of the IPC. Petitioner/Girinath B in Crl.P.6863 of 2022 and 1st petitioner in Crl.P.6485 of 2022 are common in both these petitions; so is the complainant and the cause of action is also common. Therefore, both these petitions are taken up together and considered by this order. For the sake of convenience, petitioners will be hereinafter referred to as the petitioner and the 2nd petitioner as such.

2. Heard Mr. T.I. Abdulla, learned counsel appearing for the petitioners, Smt. K.P. Yashodha, learned High Court Government Pleader for respondents 1 to 3 in Crl.P.No.6485 of 2022 and respondents 1 and 2 in Crl.P.No.6863 of 2022 and Sri T.Nataraju, learned counsel appearing for respondent No.4 in Cri.P.No.6485 of 2022 and respondent No.3 in Crl.P.No.6863 of 2022.

3. Facts, as projected by the prosecution are as follows:

The complainant is the same in both these petitions, it is the 3rd and 4th respondent respectively. The complainant comes in contact with the petitioner – Girinath B. in the year 2013 through face book – the social media. They become friends, it transpires that the petitioner was staying close to the complainant’s house. It is the narrative of the complainant, that she was always taken to the house of the petitioner, on the score that he was a very good chef and would prepare delicious food and every time she used to go to his house, drink beer and have sexual intercourse. This story goes on up to 2019, for about 6 years. Later the complainant alleges that the petitioner has used her on the promise of marriage and after 2019 has lost all intimacy.

4. The complainant on the ground that the petitioner has breached promise of marriage and has had physical relationship with her, seeks to register a complaint before the Indiranagar Police Station, Bengaluru on 08-03-2021. This becomes a crime in Crime No.55 of 2021 for offences punishable under Sections 417, 420, 504, 506 r/w 34 of the IPC. Based upon the said complaint, it appears that the petitioner was arrested, taken to judicial custody and was enlarged on bail. The complainant then comes to know that the petitioner is residing at Davangere after being enlarged on bail. She travels to Davangere and registers another complaint verbatim similar to what was registered before the jurisdictional police at Bengaluru. The 2nd complaint was registered before the Women’s Police Station at Davangere. The said complaint becomes a crime in Crime No.103 of 2021 for offences punishable under Sections 376(2)(n), 506, 504, 323, 114, 417 r/w 34 of the IPC. The Police conduct investigation and file a charge sheet in both the cases. In Crime No.55 of 2021 charge sheet is filed in C.C.No.54359 of 2021 and in Crime No.103 of 2021 charge sheet is filed in C.C.No.247 of 2022, both arising out of the very same narration of facts. It is the filing of charge sheets in both these cases that drives the petitioner to this Court in the subject petitions.

5. The learned counsel for the petitioners would vehemently contend that the complainant is in the habit of making friends with the affluent, extract money and blackmail them by registering crimes. The petitioner and the complainant meet on face book, were in a live in relationship for 6 years, up to 2019 and then the complainant comes up with a story that she was all the six years used physically on the promise of marriage and on breach of promise of marriage, the allegations are made. The learned counsel would further contend that the petitioner has been maliciously prosecuted not in one forum but before two separate jurisdictions for the same facts which is an abuse of the process of law, all