Mrs. Rathanakala, J.

This revision petition is directed against the order dated 21st April, 2016 passed in S.C.No. 100/2014 by the Additional District and Sessions Judge, Davanagere, refusing to discharge the revision petitioner/accused of the offences under Sections 498A, 506, 313 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

2. On the complaint lodged by the second respondent against the revision petitioner herein and his family members (totally nine accused persons), the first respondent/Police registered a case in Crime No.25/2012 in respect of the offences under Sections 498A, 506, 313 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. On completion of the investigation, charge sheet is filed.

3. The petitioner filed an application under Section 227 of the Code of Criminal Procedure, to discharge him from the offences alleged against him. Said application was dismissed by the Additional District and Sessions Judge, Davangere, vide his considered order dated 8.12.2014. Aggrieved petitioner filed a revision petition before this Court in Criminal Revision Petition No.207/2015. This Court allowed the petition vide order dated 6.1.2016 and remanded the matter to the Trial Court for fresh consideration. The operative portion of the order reads thus :

"The revision petition is allowed. The matter is remitted to the trial court to pass appropriate orders keeping in mind the answers submitted by the doctors of City Hospital, Shivamogga, and the relevant provision of Section 3 of The Medical Termination of Pregnancy Act, 1971, in regard to the charges framed under Section 313, I.P.C., preferably at the earliest".

4. In pursuance of the above order, the Trial Court re-considered the matter and has rejected the application.

5. The gist of the prosecution case is, the complainant Smt. Sowmya and the petitioner were married on 13.10.2010. As per the demands made by the bridegroom and his family, dowry in cash and kind was given to them. The couple resided in a rented house at Davangere. Sometime thereafter the first accused started pestering the wife for additional dowry and a site. Accused Nos.2 to 9 pressurized the complainant to undergo medical termination of pregnancy otherwise it would be a hurdle for divorce. On 8.11.2010, she was made to undergo termination of pregnancy in a Private Nursing Home against her consent. They also harassed her for additional dowry amount. The husband deserted her and issued notice for divorce. On 2.6.2012 in the premises of Family Court, Davangere, the husband abused her filthily and put threat of dire consequence.

6. Sri. B.S. Prasad, learned Counsel appearing for the petitioner submits that the petitioner is restricting his prayer to discharge him of the offence under Section 313 of IPC only. It is a case of medical termination of pregnancy consequent upon the wife voluntarily failing in her attempt for abortion, even before her marriage with the petitioner. As per the prosecution papers itself, the parties were married on 13.10.2010. The complainant/wife had consumed pills for abortion firstly on 10.6.2010 and secondly on 10.9.2010. She underwent termination of pregnancy on 8.11.2010. At that time, she was pregnant by five months. After one year of abortion, a female child is born on 23.5.2011. Divorce notice is sent on 22.10.2011. The petitioner filed a petition for divorce before the Family Court at Shimoga on 2.11.2011. Subsequently, it was transferred to Davangere Court on the question of jurisdiction. On 30.1.2012, the wife filed her objection statement indicating that she will file complaint for dowry harassment and termination of pregnancy. In pursuance of the same, she filed a complaint on 25.6.2012. As per the documents collected by the Investigating Officer from the City Hospital, Shimoga, she was accompanied by her husband, her parents and her in-laws to the Hospital. She was pregnant by five months and had pain in the abdomen. She suspected that because of the drugs