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The petitioner is before this Court calling in question proceedings in C.C.No.2108 of 2022 pending before the JMFC (III Court), Mangaluru arising out of charge sheet in Crime No.78 of 2021 of Mangalore Women Police Station registered for offences punishable under Sections 376, 376(2)(f), 376(2)(k), 376C(a), 511, 354A, 354B, 354C, 354D, 506, 384, 388, 389, 204, 203, 212, 120B, 179, 202 r/w 149 of the IPC.
2. The facts adumbrated, are as follows:-
The petitioner is a practicing Advocate. The 2nd respondent is the complainant. It is the case of the prosecution that the 2nd respondent, a second year law student of the SDM College gets to know the petitioner through one Mr. Dhruva Hegde, a classmate and friend. It is the case that the 2nd respondent was in requirement of work-cum-internship and, therefore, informs Mr. Dhruva Hegde to search out a place for internship. It is then Mr. Dhruva Hegde introduced to his brother-in-law one Mr. Shivanandana who was in contact with the petitioner. It is on the recommendation of Mr. Shivanandana, the complainant joins the office of the petitioner on 14-08-2021. It is said that the petitioner had narrated of the job and also indicated that the intern will have to stay up to 8.00 p.m. It was further informed that a stipend of `6,000/- per month would be paid. The job began from 18-08-2021 and days passed by. The petitioner is said to have befriended the complainant by communications through whatsapp messages. The complainant is said to have reacted to such whatapp messages without knowing the intention of the petitioner.
4. It is then the complainant appears to have called Mr. Dhruva Hegde and asked him to meet her. It appears that after a few minutes the friend of the complainant arrives. Later it is alleged that the petitioner went on calling the complainant continuously and one such call was recorded by the complainant wherein he had confessed repeatedly that he has attempted to rape the complainant and apologized and requested the complainant to close the issue. It appears, the complainant also complained to the wife of the petitioner which had led to certain threats being made to the complainant that she would be finished if she moves further by registering any complaint. It is then, the complainant takes courage and registers a complaint on 18-10-2021 before the Commissioner of Police at Mangalore narrating the entire incident with minute details. The matter was referred to the jurisdictional Police Station and the jurisdictional Police Station registers a crime against the petitioner in Crime No.78 of 2021 for the offences punishable under Sections 376, 376(2)(f), 376(2)(k), 376C, 511, 354A, 354B, 354C, 354D, 506, 34, 384, 388 and 389 of the IPC.
The Police conduct investigation and the investigation leads to recording of various statements of the victim and all others after which the Police file a charge sheet against the petitioner for the offences under Sections 376, 376(2)(f), 376(2)(k), 376C(a), 511, 354A, 354B, 354C, 354D, 506, 384, 388, 389 204, 203, 212, 120B, 179, 202 r/w 149 of the IPC. The filing of the charge sheet leads the petitioner to this court in the subject petition.
5. Heard Sri Parameshwar N. Hedge, learned counsel appearing for the petitioner, Smt. K.P. Yashodha, learned High Court Government Pleader appearing for respondent No.1 and Smt. Sophia, learned counsel appearing for respondent No.2.
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The charge sheet is filed for offences punishable under sections 376, 376(2)(f), 376(2)(k), 376C(a), 511, 354A, 354B, 354C, 354D, 506, 384, 388, 389, 204, 203, 212, 120B, 179, 202 r/w 149 of the IPC. The learned Magistrate takes cognizance of the offences against accused 1 to 3 on 20-08-2022, and issues summons by the following order: