This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner in Crime No.98/2022 of Jayaprakash

Nagar Police Station, Bengaluru, for the offence punishable

under Sections 376, 406, 420, 504 and 506 of IPC.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case of the prosecution is

that the complainant in the complaint made an allegation against

this petitioner that he made false promise of marriage and

subjected her for mental and physical harassment and also

subjected her for sexual act and also life threat and also received

an amount of Rs.4 lakhs from her and cheated the complainant

and the said amount is her alimony amount. Out of that, he

returned an amount of Rs.1 lakh on 02.04.2022 and remaining

amount has not been paid. Based on the complaint, the police

have registered the case, investigated the matter and filed the

charge-sheet, wherein an allegation is made against this

petitioner that he not only subjected her for sexual act, but also

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committed the offence of criminal breach of trust and fraud and

abused in a filthy language and caused life threat.

4.

The learned counsel for the petitioner placed on

record the charge-sheet material before the Court and contend

that the complainant is a divorcee having 14 year old child and

though it is alleged that there was a promise, no such promise of

marriage was made and frequently they met each other and not

disputed the fact that Rs.4 lakhs was received. The learned

counsel submits that the amount of Rs.3 lakhs was returned by

cash and Rs.1 lakh by way of cheque. The learned counsel

submits that the petitioner is ready to pay the balance amount of

Rs.3 lakhs. The learned counsel submits that there was no any

promise of marriage and the learned counsel in support of his

arguments, relied upon the whatsapp chat between the

complainant and this petitioner and particularly he brought to

the notice of this Court the chat dated 23.03.2022, wherein the

complainant herself has chated with the petitioner that this is

also till the petitioner officially get married and also brought to

the notice of this Court the other whatsapp chat between the

complainant and the petitioner dated 07.04.2022 saying that

continue speaking to petitioner9s future wife. The learned

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counsel brought to the notice of this Court the other chat dated

09.04.2022, wherein she has forced the petitioner to love her

and also says that her old Shiva has gone somewhere. The

learned counsel brought to the notice of this Court the chat

dated 12.04.2022 referring the girl which the petitioner is

intended to marry and further chat dated 14.04.2022 that she

expected this behaviour once this petitioner engaged officially or

after marriage. The learned counsel referring these chats would

contend that there was no any promise of marriage as alleged in

the complaint and the complainant was aware of the fact that

the relationship has been continued and also the complainant

was aware of the fact that he is going to marry other girl and

discussed with regard to marriage also. When such being the

case, it is not a case for invoking Section 376 with a promise to

marry and hence he may be enlarged on bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State submits that the

complaint averment is very specific that with a promise to marry

her, the petitioner subjected her for sexual act. Apart from that,

the amount was also collected to the tune of Rs.4 lakhs.

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6.

The learned counsel for the complainant, who

assisted the learned High Court Government Pleader also

brought to the notice of this Court that there was a continued

sexual act by the petitioner with the complainant and hence

there is a prima facie case against the petitioner and he is not

entitled for bail.

7.

Having heard the learned counsel for the petitioner

and the learned H