The lack of free will in consent and the coercion and threats in sexual acts influenced the court's decision, emphasizing the need for a full trial to prove innocence.

ORDER :

1. Petitioner/accused No. 1 is before this Court calling in question proceedings in Special Case No. 186 of 2022 pending before the III Additional District and Sessions Judge, Belagavi arising out of crime registered in FIR No. 92 of 2022 for offences punishable under Sections 376(2)(n) r/w 34 of the IPC and Section 3(1)(w)(i), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Act’ for short) insofar as the petitioner is concerned including the cognizance taken thereto.

2. The facts, in brief, adumbrated are as follows:

The 2nd respondent is the complainant, a student in a college next to which digital kiosks of the petitioner is situated. It appears that the complainant in the month of April, 2021 visits kiosks run by the petitioner for the purpose of uploading a form for scholarship. At that point in time mobile number of the complainant is shared and later it is averred in the petition that two get intimated and indulged in sexual intercourse. Long after several instances of such physical relationship, the complainant registers a complaint before the jurisdictional Police on 25-05-2022 alleging offences as afore-quoted. The police conduct investigation, record statements of several witnesses and file a charge sheet against the petitioner and others. The petitioner is arrayed as accused No. 1. Filing of charge sheet has driven the petitioner to this Court in the subject petition.

3. Heard Sri Mallesh S. Yadahalli, learned counsel appearing for the petitioner and Sri V.S. Kalasurmath, learned High Court Government Pleader appearing for the 1st respondent.

4. The learned counsel appearing for the petitioner would vehemently contend that the very registration of crime is contrary to law as it was a consensual act of having sex between the complainant and the petitioner on several occasions. Though the petitioner was married, the act of having sex was not on account of promise of marriage but it was purely consensual between the complainant and the petitioner. He would further contend that merely because the complainant belongs to Scheduled Caste/Scheduled Tribe, the offences under the Act are also laid against the petitioner. He would submit that permitting further proceedings would be contrary to the judgment of the Apex Court in the case of Dr. Dhruvaram Murlidhar Sonar vs. State of Maharashtra, (2019) 18 SCC 191 and Shambu Kharwar vs. State of Uttar Pradesh, 2022 SCC Online SC 1032 as also judgments rendered by this Court following afore-quoted judgments of the Apex Court. He would seek quashment of entire proceedings.

5. Per-contra, the learned High Court Government Pleader would vehemently oppose the petition contending that charges against the petitioner are all prima facie met in the investigation so conducted by the Police and a charge sheet is filed. It is not a question of relationship of love between the petitioner and the complainant nor consensual acts spanning over several years for the petitioner to contend that it is consensual and, therefore, offence of rape cannot be laid against the petitioner. He would seek dismissal of the petition contending that it is for the petitioner to come out clean in the trial.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

7. The afore-narrated facts are not in dispute. Though afore-narrated facts are a part of the record, a little elaboration with regard to the allegations would be required to consider the contentions of the petitioner. The 2nd respondent registers a complaint on 25-05-2022 for the aforesaid offences against the petitioner and similar offences against other accused. For considering the reason for registration of crime, a little flash back is required. The complainant is a student of Sri Siddivinayaka Nursing College studying in 2nd year B.Sc Nursing. She belongs to Scheduled Caste. The petitioner runs a digital kiosks and a