Police after investigation submitted the charge sheet

for the offences punishable under Sections 354A, 366,

376, 509 read with Section 34 of IPC alleging that when

the complainant had visited the pub in Koramangala,

Bengaluru, accused No.2 introduced her to accused No.1

and accused No.1 offered her whisky and after drinking

2-3 sips, went to dance floor and started dancing. When

she felt thirsty, she went to bar counter to have some

water, at that point of time, accused No.1 offered one

glass of water and started behaving indecently. It is

further alleged that when she called accused No.2 to

inform that accused No.1 was misbehaving, he ignored and

abused her in filthy language saying that <I don9t care

what happens to you=. Thereafter accused No.1 took the

complainant-witness No.1 in his car and complainant-

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witness No.1 felt dizzy after having the water and when

she regained consciousness she was in room on the bed

and accused was forcefully having intercourse and when

CW-1 pushed him he stopped. Thereafter accused No.1

took her in his car and dropped near her college.

The learned Magistrate accepted the charge

sheet, issued summons and took cognizance for the

aforesaid offences. Taking exception to the same, this

petition is filed.

3.

Learned Counsel appearing for the petitioner

submits that the only allegation against petitioner-accused

No.2 is that he introduced her to accused No.1 and in spite

of bringing to his notice about the misbehaviour of accused

No.1, he ignored her and abused her in filthy language.

Except the said allegation, there is no specific allegation so

as to constitute the commission of the offence alleged

against him and filing of the charge sheet for the aforesaid

offence is without any substance.

4.

On the other hand, learned High Court

Government Pleader appearing for the State submits that

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petitioner/accused No.2 having instigated accused No.1 to

commit the aforesaid offences, the police have rightly filed

charge sheet against petitioner-accused No.2 and the

same does not warrant any interference.

5.

I have considered the submissions of the

learned Counsel for the parities.

6.

Even accepting the complaint allegations on

the face of it, would not constitute the commission of the

offence alleged against the petitioner-accused No.2. To

constitute the commission of the offence punishable under

Section 376 of IPC, a man should have an intention of

forcible sexual intercourse with a woman against her will.

To constitute the offence punishable under Section 354A of

IPC a man should have unwelcome physical contact and

advances on a demand or request for sexual favours.

7.

In the present case, there is no specific

allegation as against petitioner-accused No.2 for having

committed the aforesaid offences. To constitute the

offence punishable under Section 509 of IPC, a man should

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have intentionally insulted the modesty of any woman by

using filthy language.

8.

In the present case the charge sheet material

does not disclose that petitioner-accused No.2 intentionally

insulted the victim so as to outrage her modesty. In the

absence of any essential ingredients to constitute the

commission of the offences, the filing of the charge sheet

against the petitioner-accused No.2 is without any

substance of law. Accordingly, I pass the following:

ORDER

i)

The petition is allowed.

ii)

The proceedings passed by the 53^rd Additional

City Civil and Sessions Judge, Bengaluru (CCH-54) in

S.C.No.1330/2017 against the petitioner-accused No.2 is

hereby quashed.

Sd/-

JUDGE

PKN