Karnataka High Court: Consensual Relationships Do Not Excuse Assault

The Karnataka High Court has made a pivotal ruling affirming that consensual relationships do not permit any form of assault, in a case involving serious allegations against a Circle Inspector of Police. The inspector was accused by a social worker, who is also the wife of a police constable, of assault, intimidation, and more severe crimes.

The complainant and the accused’s interactions began in 2017 when she visited the Bhadravathi Rural police station. By May 2021, she filed a complaint at the Women’s Police Station, alleging that she had been subjected to physical and sexual harassment by the inspector. The situation deteriorated when the inspector allegedly threatened to harm her children if she did not retract her complaint, leading to his being charged under IPC sections 504 and 506, which address insult intending to provoke a breach of peace and criminal intimidation, respectively.

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In a distressing turn of events in November 2021, the inspector is said to have abducted the complainant, taken her to a hotel where he assaulted her, and then abandoned her at Sagar Bus stop the following morning. She subsequently sought medical treatment for her injuries and filed another complaint, this time accusing him of offenses under various IPC sections, including rape, kidnapping, wrongful confinement, attempt to murder, and assault.

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The accused, defending himself, argued that the relationship was consensual and highlighted his previous acquittal in a related cheque bounce case under the Negotiable Instruments Act. However, Justice M Nagaprasanna, presiding over the case, acknowledged the consensual nature of their earlier relationship but dismissed the repeated rape charge under section 376(2)(n) while upholding charges related to assault, intimidation, and attempt to murder.

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