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2021 Supreme(Kar) 463

M.NAGAPRASANNA
MANJUNATH HEBBAR S/O VASUDEV HEBBAR – Appellant
Versus
STATE OF KARNATAKA GIRINAGARA POLICE STATION AND CID SPECIAL INVESTIGATING AGENCY BENGALURU – Respondent


Advocates Appeared:
For The Petitioner:SRI C.V.NAGESH, SENIOR ADVOCATE A/W SRI S.RAJASHEKAR, ADVOCATE
For The Respondent:SMT.NAMITHA MAHESH B.G., HCGP, SRI ARAVIND M.NEGLUR, ADVOCATE

ORDER :

The petitioner is before this Court calling in question the proceedings in C.C.No.26533 of 2018 pending before the I Additional Chief Metropolitan Magistrate, Bangalore, as also, the FIR in Crime No.257 of 2015 and charge sheet registered against the petitioner in Charge Sheet No.6 of 2018 dated 07.09.2018 for offences punishable under Sections 323, 376, 376(2)(f)(i)(n), 498A and 109 of the IPC.

2. Shorn of unnecessary details; the facts adumbrated in brief are as follows:-

    The petitioner and the 2nd respondent/complainant got married at Sirsi, Uttara Kannada District on 27.05.2009. The claim of the petitioner is that from the date of marriage, the petitioner and the 2nd respondent lived happily till the fateful day i.e., 18.03.2012 when the 2nd respondent left the marital house and started to live away from the petitioner. After the 2nd respondent left the marital house, the complainant caused a legal notice to the petitioner on 04.08.2014 claiming that the petitioner has deserted her and sought maintenance from the hands of the petitioner. The petitioner sent a reply to the legal notice and notwithstanding the same, the complainant filed petition under Section 125 of the Cr.

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