ISMAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by petitioner-accused under section 438 of Cr.P.C., 1973 to release him on bail in Crime No.32/2018 of Mangaluru Women Police Station, D.K. District for the offences punishable under Sections 376, 323, 417 of IPC.

(2.) I have heard the learned Senior counsel for the petitioner and the learned High Court Government Pleader.

(3.) The gist of the complaint is that a complaint was registered by complainant alleging that on 02.04.2017, she got married to one Wasim Akram and as the said marital relation was not cordial, on 05.12.2017, the said marriage was dissolved amicably and took the monetary compensation of Rs. 3,00,000/-. Thereafter, she joined with petitioner-accused. It is further alleged that when she came to the office of the petitioner-accused on 02.04.2018 to meet him, he had sexually assaulted her by promising to marry her. Thereafter, for a continuous period of four months, he sexually assaulted her. On 20.07.2018 at about 3.00 p.m., accused contacted the complainant over phone and called her, but, she expressed her inconvenience to meet him. At about 5.00 to 6.00 p.m., complainant tried to contact accused but he did not respond to her. As she got some suspicion, she came to the office of the accused and found that he was having physical relationship with another girl. Complainant started quarrelling with accused blaming that he cheated her. On the same day, complainant informed to her relatives about the said incident and on 21.07.2018, both families agreed to solemnize their marriage.