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2024 Supreme(Kar) 201

M. NAGAPRASANNA
Xxxx – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Sri. Tejas N., Advocate, for the Petitioner; Sri. Harish Ganapathi, HCGP for R1; Sri. H.Sunil Kumar, Advocate for R2, for the Respondent.

ORDER

M. Nagaprasanna, J.

The petitioner is before this Court calling in question proceedings in S.C.No.1383 of 2021 pending before LIII Additional City Civil and Sessions Judge, Bengaluru arising out of crime in Crime No.171 of 2018 registered for offences punishable under Sections 376 and 417 of the IPC.

2. Facts, in brief, adumbrated are as follows:-

    The 2nd respondent is the complainant. It is the case of the prosecution that the complainant is a resident of Hosahalli Main Road, Padarayanapura, Bengaluru. The petitioner who was also a resident of the same area was running a mobile service and re-charge centre. The complainant comes in contact with the petitioner, as every now and then the complainant used to visit the shop of the petitioner to get her pre-paid sim re-charged. The story begins in the year 2012. It is the case of the prosecution that the complainant and the petitioner developed friendship which then get into physical relationship and all the escapades used to happen in the shop itself. A crime then comes to be registered on 03-07-2018 on the ground that the petitioner had last of the incident of sexual intercourse with the complainant on 07-04-2018 and thereafter he

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