The petitioner is before this Court calling in question

the proceedings in S.C.No.1987/2019 registered for

offences punishable under Sections 376, 420 read with

Section 34 of the IPC.

Heard the learned counsel, Sri. S.V. Prakash

appearing for the petitioner and the learned HCGP,

Sri. K.S. Abhijith appearing for respondent No.1. Learned

counsel appearing for respondent No.2 has remained

absent throughout. Owing to his absence, this Court has

passed the following orders:

On 13.04.2022:

"Heard

the

learned

counsel

for

the

petitioner.

Awaiting appearance of the learned counsel

for

respondent

No.2,

list

this

matter

on

21.04.2022, for further hearing."

On 21.04.2022:

"Heard

the

learned

counsel

for

the

petitioner.

- 4 -

Learned counsel representing respondent

No.2

has

been

absent

throughout.

On

13.04.2022

and

even

today,

there

is

no

representation on behalf of respondent No.2.

The issue stands covered by the judgment

of the Apex Court in the case of DHRUVARAM

MURLIDHAR

SONAR

V.

STATE

OF

MAHARASHTRA reported in (2019) 18 SC

181.

Therefore, there shall be an interim order

of

stay

of

further

proceedings

in

S.C.No.1987/2019, pending on the file of LXXX

Additional

City

Civil

and

Sessions

Judge,

Bengaluru, till the next date of hearing, qua the

petitioner.

List this matter on 02.06.2022".

On 10.06.2022:

"Heard

the

learned

counsel

for

the

petitioner.

Learned counsel for respondent No.2 has

remained

absent

intermittently

right

from

inception. This Court on 13.04.2022 had posted

- 5 -

the matter for further hearing the learned

counsel for the petitioner.

On 21.04.2022, this Court had passed the

following order:

"Heard the learned counsel for the

petitioner.

Learned

counsel

representing

respondent

No.2

has

been

absent

throughout. On 13.04.2022 and even

today, there is no representation on behalf

of respondent No.2.

The issue stands covered by the

judgment of the Apex Court in the case of

DHRUVARAM MURLIDHAR SONAR V.

STATE OF MAHARASHTRA reported in

(2019) 18 SC 181.

Therefore, there shall be an interim

order of stay of further proceedings in

S.C.No.1987/2019, pending on the file of

LXXX Additional City Civil and Sessions

Judge, Bengaluru, till the next date of

hearing, qua the petitioner.

List this matter on 02.06.2022."

- 6 -

Even today, there is no representation on

behalf of respondent No.2. Awaiting appearance

of the learned counsel for respondent No.2, list

the matter on 17.06.2022.

In the event, there is no representation

on behalf of respondent No.2, the matter would

be taken and considered in his absence.

Interim order granted earlier, is extended till

the next date of hearing."

3.

On every occasion, when the matter is listed,

the learned counsel for respondent No.2 remains absent.

Even today, when the matter was listed for further

hearing, there is no representation on behalf of the

learned counsel appearing for respondent No.2.

4.

Brief facts that leads to filing of the present

petition by the petitioner is that:

The

petitioner

and

respondent

No.2

were

schoolmates and the petitioner claims that they were in

love with each other from the year 2009 and continued to

be in the said relationship for 10 years. After about 10

- 7 -

years,

the

complainant

registers

a

complaint

on

29.06.2019 alleging offences punishable under Sections

376 and 420 read with Section 34 of the IPC.

5.

On registration of the crime, the police conduct

investigation and file a charge sheet against the petitioner

for the aforesaid offences. It is filing of the charge sheet

before the concerned Court that drives the petitioner to

this Court in the subject petition calling in question the

entire proceedings in S.C.No.1987/2019.

6.

Learned counsel appearing for the petitioner

would vehemently contend that the entire allegation

against the petitioner is untenable as the petitioner and

respondent No.2 were in love for the last 10 years and

have had physical relationship with each other for more

than 5 years and the complainant registers a complaint

no