The empowering of CCB police under Karnataka Police Act is valid, allowing them to file charge sheets in criminal proceedings against the accused for dowry and cruelty.

ORDER :

Criminal Petition No.2450/2022 is filed by petitioner Nos.1 to 5 -accused Nos.1 to 5 under Section 4 82 of Cr.P.C. for quashing the criminal proceedings in C.C. No.11856/2021 pending on the file of I Additional Chief Metropolitan Magistrate, Bengaluru, in respect of charge sheet filed by the CCB Police for the offences punishable under Sections 323 , 354(A)(B), 498-A, 504, 506 and 34 of IPC and Section 4 of Dowry Prohibition Act, 1961.

2. Writ Petition No.11718/2022 is filed by the petitioner-accused No.1 under Article 226 of Constitution of India read with Section 482 of Cr.P.C. for issue of Writ of Certiorari or any other appropriate writ, order or direction to quash the notification dated 25.02.2021 bearing No.HD 18 POP 2021 passed by the Government of Karnataka and consequently, set aside the charge sheet and the criminal proceedings pending before the I Additional Chief Metropolitan Magistrate, Bengaluru, in C.C. No.11856/2021.

3. Heard the learned Senior Counsel Sri C.V. Nagesh appearing the petitioners in Criminal Petition No.2450/2022 and Sri Sandesh J. Chouta, learned Senior Counsel appearing for the petitioner in W.P. No.11718/2022, Sri Tomy Sebastian, the learned Senior Counsel appearing for the respondent -de-facto complainant and, Sri Vikram Huilgol, the Additional Advocate General and the learned High Court Government Pleader for respondent-State.

4. The case of petitioners in Criminal Petition No.2450/2022 is that the de-facto complainant Smt. Esha Raj filed first information statement before Basavanagudi police alleging the cruelty and abuse by her husband (accused No.1) and his relatives for dowry. She has stated that she is the daughter of one Jodhraj and Smt. Chanchal. Her father is the successful business man and a prominent person in business circle as well as in the Jain community. In the year 2009, there was marriage proposal from petitioner-accused No.1 (Ditul Mehta). After negotiation, the marriage engagement ceremony was held on 26.01.2010 at ITC Gardenia hotel and her marriage was decided to be performed on 22.11.2010. After the engagement, accused No.1 used to take the de-facto complainant for lunch and dinner and started enquiring about properties and assets of her father and then started pressurizing her for making arrangement for shopping of the marriage at Jaipur, Kolkata, Milan, etc. Accordingly, clothes and jewelleries were purchased by him. The accused also pressurized for getting a BMW 5 Series Car, which was agreed. Thereafter, they started demanding more dowry, otherwise, they used to tell that would postpone the marriage. Due to the pressure of the accused persons, her father accepted to give gold, silver and other dowry articles and a car as demanded by the accused persons. The marriage of the de-facto complainant with accused No.1 was performed on 22.11.2010 at Bengaluru palace in a grand manner. At the time of marriage, diamond jewelry, Rolex Watch, Artefacts, camera, home theater, household items were all given to the accused. Thereafter, she started to reside in the matrimonial home. The mother of accused No.1 claimed custody of all the valuables given to her and behaved in rude manner and all the accused abused her in filthy language. Like wise, her mother-in-law and sister-in-law also suggested to get some gifts from the parents of de-facto complainant, and it became habit of the accused for getting valuables from the house of her parents. Thereafter, the harassment was increased day by day, her mother-in-law was instigating accused No.1 for movable properties and also the rent of the commercial properties. As per the demand, her father also gif