Consensual Relationship Does Not Justify Assault: Karnataka HC

Consensual Relationship Does Not Justify Assault: Karnataka HC

The Karnataka High Court has emphasized that consensual relationships do not justify acts of assault or intimidation, ruling in a case involving a Circle Inspector of Police accused of multiple offenses by a social worker, who is also the wife of a police constable.

The incident began in 2017 when the complainant, a social worker, visited the Bhadravathi Rural police station, which led to a personal relationship with the accused inspector. In May 2021, she filed a complaint at the Women's Police Station, alleging that the inspector subjected her to both physical and sexual harassment.

The situation escalated when the inspector allegedly threatened to harm her children unless she retracted her complaint, resulting in additional charges under IPC sections 504 (insult with intent to provoke breach of peace) and 506 (criminal intimidation).

The case further intensified in November 2021 when the inspector allegedly abducted the complainant, took her to a hotel, assaulted her, and abandoned her at the Sagar Bus stop the following morning.

After seeking medical treatment for her injuries, she filed another complaint accusing the inspector of crimes under IPC sections, including rape, kidnapping, wrongful confinement, attempt to murder, and assault.

The accused contested the allegations, claiming the relationship was consensual and pointed to his acquittal in a related cheque bounce case under the Negotiable Instruments Act.

Justice M Nagaprasanna, while acknowledging the consensual nature of the relationship, dismissed the charge of repeated rape under Section 376(2)(n) but upheld other charges related to assault, intimidation, and attempt to murder. The court condemned the "gross misogynist brutality" inflicted on the complainant and allowed the trial to proceed on these counts.

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