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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S VISHWAJITH SHETTY
Thimmarayegowda, S/O Late Sri Munegowda – Appellant
Versus
State Of Karnataka By Byatarayanapura Police Station Represented By State Public Prosecutor – Respondent
ORDER :
S VISHWAJITH SHETTY, J.
1. Accused nos.3 & 4 are before this Court in this revision petition filed under Section 397 read with Section 401 of Cr.PC with a prayer to set aside the order dated 12.01.2018 passed in S.C.No.591/2015 by the Court of LXXI Addl. City Civil & Sessions Judge, Bengaluru.
2. Heard the learned Counsel for the parties.
3. Petitioners herein who are arrayed as accused nos.3 & 4 in S.C.No.591/2015 pending on the file of the Court of LXXI Addl. City Civil & Sessions Judge, Bengaluru, are charge- sheeted for the offences punishable under Sections 498A, 304B, 302, 201 read with 34 IPC and Section 4 of Dowry Prohibition Act, 1961, along with accused no.1.
4. In the said proceedings, the petitioners had filed an application under Section 227 of Cr.PC with a prayer to discharge them from the charge-sheeted offences. The said application was opposed by the prosecution.
5. The Trial Court vide the order impugned, has rejected the application filed by the petitioners under Section 227 of Cr.PC. Aggrieved by the same, petitioners are before this Court.
6. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that petitioner no.1/a
Insufficient evidence against accused to establish charges under 304B, 302, or 201 IPC; discharge granted while retaining lesser charges under 498A IPC and Dowry Prohibition Act.
The court highlighted that vague and omnibus allegations without specific attribution to accused do not uphold a prima facie case under Section 304B IPC.
The main legal point established is that at the stage of framing charges, the trial court is only required to consider whether uncontroverted allegations prima facie make out a case against the accus....
The court upheld the framing of charges under IPC Sections 304B and 498A, emphasizing the necessity of establishing essential ingredients for dowry death and the standard of suspicion at the charge f....
Continuous harassment before death must be proven for dowry death under Section 304-B; mere past incidents are insufficient to establish liability.
Point of law: Dowry death – Dismissal of discharge petition - it cannot be arrive at a conclusion that at this stage, there are no primafacie materials against the accused to prove their guilt. But i....
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