MOHAMMAD RAMAZAN MULTANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the arguments of the petitioner's counsel and also the learned H.C.G.P. for the respondent.

(2.) The factual matrix of the case is that the complainant who is the father of the deceased in his complaint, made a narration that his daughter Alifa was studying in C.L.E. college at Chikkodi, and at that time, this petitioner who was also residing in the same locality was looking at her, following her and unnecessarily talking with her and he was pressuring her to love with him, otherwise, he would not leave her and the said fact was informed to the complainant and immediately, they called him and advised him and in spite of the advise, he did not heed the advise and continued the same, and thereafter, he called the complainant over the mobile and expressed that he would marry her and further threatened to finish of incase complainant obstructed him in this regard. Due to the fear, the complainant disconnected the call. Further, alleged in the complaint that on 10/8/2018 when his daughter was waiting for the bus, at about 9.00a.m. at Basava Circle, Chikkodi, in order to go to the college and the petitioner came and enquired as to why she is not loving him and he intends to marry her and if she intimate the same to anybody else, he would kill her. However, his daughter was not speaking to anybody in the house and she was depressed. Further, alleged that there is a suspicion regarding the sexual harassment to her and on 14/8/2018, in the morning she told that the petitioner was following her and had the unwanted talks with her and therefore, the complainant told that he would cal l the petitioner and warn him again. Thereafter in order to prepare for going to the col lege, his daughter went to the 2nd f loor but she did not turn up and immediately he went and verified in the 2nd floor and found that she bolted the room inside and she did not reply and when the complainant saw through the window, he found that she was hanging to the fan and immediately through her another daughter got opened the door, since she was respiring and therefore she was immediately taken to KLE Hospital and unfortunately she lost her breath on 16.8.2018 and hence a complaint is lodged and based on the complaint, at the first instance case has been registered for the offence punishable under sections 376, 306, 506 of IPC and sections 3 and 4 of POCSO Act and the pol ice after the investigation have filed the charge sheet against the accused for the offence punishable under sections 366(A) , 376, 305, 506 of IPC and sections 3 and 4 of POCSO Act.

(3.) The petitioner's counsel, in the petition he has contended that there are no reasonable grounds to believe the theory of prosecution and there are no overtacts attributed to the petitioner and there is no motive or intention and also there are no direct or indirect materials to connect the petitioner with regard to the offence invoked against the petitioner. It is further contended that the pol ice have registered a case on the basis of the version of the complainant on false allegations and in order to invoke the heinous offence of sexual harassment, there is no any material and in the postmortem report it is clearly mentioned that there are no external injuries on the body and the hymen is intact. This clearly goes to show that there is no any attempt of rape or intercourse or otherwise al leged in the complaint. It is further contended that the complaint averments goes to show that the deceased was weak, frail mental ity, without any fixed mind and there is no mens rea or gui lty mind on the part of the petitioner and in the absence of prima facie material, this Court can exercise the powers under section 439 of Cr.P.C.