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2024 Supreme(Kar) 203

M. NAGAPRASANNA
Xxxxxxxxxx – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Sri C.V.Srinivasa, Advocate, for the Petitioner; Sri Harish Ganapathi, HCGP for R-1; Smt. XXXXXX, R-2 In-Person, for the Respondent.

ORDER

M. Nagaprasanna, J.

The petitioner is before this Court calling in question the proceedings in C.C.No.19072 of 2022 pending before the XXXVII Additional Chief Metropolitan Magistrate at Bangalore arising out of Crime No.35 of 2022 registered for offences punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961 ('the Act' for short).

2. Facts adumbrated are as follows:-

    The 2nd respondent/wife is the complainant and the petitioner/husband is accused No.1. The two get married on 29-05-2020. After about two months, the petitioner had to get back to United States of America as his H1B visa was to expire on 19-07-2020. Therefore, the petitioner leaves India to USA. It is the averment in the petition that on 21-01-2021, the complainant leaves the matrimonial house and then began to stay in a relatives' house. The petitioner further avers in the petition that efforts were made by the petitioner to get a visa so that the complainant could travel to USA. The first appointment that the petitioner took was on 13-10-2020. The complainant does not go to visa office for processing visa formalities. The second appointment was taken on 02-03-

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