2023 Supreme(Online)(KAR) 233
C/W CRL.P No. 2158 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 1850 OF 2021
C/W
CRIMINAL PETITION NO. 2158 OF 2021
IN CRL.P.NO.1850/2021:
BETWEEN:
- SATHISH
- S/O JAGANATHAN,
- AGED ABOUT 32 YEARS,
- NO.1/1, POLICE QUARTERS ROAD,
- RAJIV GANDHI NAGAR,
- BH A KK NAGAR, COIMBATORE,
- TAMIL NADU-641006
…PETITIONER
- (BY SRI. SAMEER S.N., ADVOCATE)
- AND:
1. STATE BY VIDYARANYAPURA P.S.,
REPRESENTED BY THE SPP,
HIGH COURT OF KARNATAKA,
BANGALORE-560018.
2. MRS. USHA SATHISH
D/O V. SWAMINATHAN, AGED ABOUT 30 YEARS,
GOKULA, NO.136, 8TH MAIN,
1ST A CROSS, IEHCS LAYOUT,
VIDYARANYAPURA,
BANGALORE-560097.
…RESPONDENTS
(BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.1;
SRI. S. RAJASHEKAR, ADVOCATE FOR RESPONDENT NO.2)
C/W CRL.P No. 2158 of 2021
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
- CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CHARGE SHEET SUBMITTED BY THE RESPONDENT NO.1 VIDYARANYAPURA P.S., IN C.C.NO.33688/2018 PENDING ON THE FILE OF THE XLI
- ADDL.C.M.M., BANGALORE AT ANNEXURE-C.
- IN CRL.P.NO.2158/2021:
BETWEEN:
- 1. JAGANATHAN S/O LAKSHMANAN,
AGED ABOUT 65 YEARS,
R/AT NO.22, KASIMUNIYAPAN, KOVIL VEETHI, CHENNIMALAI,
ERODE, TAMILNADU-638051.
- 2. CHITRA J.,
D/O ARUANCHELLAM,
W/O JAGANATHAN,
AGED 56 YEARS,
R/AT NO.22, KASIMUNIYAPAN, KOVIL VEETHI, CHENNIMALAI,
ERODE, TAMILNADU-638051.
…PETITIONERS
(BY SRI. SAMEER S.N., ADVOCATE)
AND:
1. STATE BY VIDYARANYAPURA P.S.
REPRESENTED BY THE SPP,
HIGH COURT OF KARNATAKA,
BANGALORE.
2. MRS. USHA SATHISH
D/O V. SWAMINATHAN,
GOKULA, NO.136,
8TH MAIN, 1ST A CROSS,
IEHCS LAYOUT, VIDYARANYAPURA,
BANGALORE-5600097.
…RESPONDENTS
(BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.1;
SRI. S. RAJASHEKAR, ADVOCATE FOR RESPONDENT NO.2)
C/W CRL.P No. 2158 of 2021
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
- CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CHARGE SHEET SUBMITTED BY THE RESPONDENT NO.1-VDYARANYAPURA P.S., IN C.C.NO.33688/2018 PUNISHABLE UNDER SECTIONS 498A, 504 READ WITH 34 OF IPC WITH SECTION 3 AND 4 OF D.P ACT, PENDING ON THE FILE OF THE XLI ACMM, BANGALORE AT
- ANNEXURE-C.
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS
- DAY, THE COURT MADE THE FOLLOWING:
ORDER
Crl.P.No.1850/2021 is filed by accused No.1 in
- C.C.No.33688/2018 pending trial before the XLI Additional Chief Metropolitan Magistrate, Bengaluru City (henceforth referred to as 'Trial Court') for the offences punishable under Sections 498A, 504, 34 of IPC read with Sections 3 and 4 of the
- Dowry Prohibition Act, 1961.
2. Crl.P.No.2158/2021 is filed by accused Nos.2 and 3
- in C.C.No.33688/2018 pending trial before the XLI Additional Chief Metropolitan Magistrate, Bengaluru City for the offences punishable under Sections 498A, 504, 34 of IPC read with
- Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. The respondent No.1 registered Crime No.63/2018
- for the offences punishable under Sections 498A, 34, 504 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act on
the information provided by respondent No.2. The respondent No.2 alleged that she was given in marriage to accused No.1 on 03.03.2014. She claimed that after her marriage, she was taken to Chennimalai, a village in Erode District, where they stayed for a week. During this period her in-laws started complaining about her to her parents. Thereafter, respondent No.2 and accused No.1 shifted to Coimbatore. She alleged that her in-laws also shifted to Coimbatore and started staying nearby. She claimed that in order to harass her, the accused No.1 used to stay with his parents for most of the time. She alleged that he used to return home from work at 7.30 p.m. in the evening and around the same time, his parents used to come home and pick up a quarrel and go back and accused No.1 used to go to his parents' house to pacify them. She alleged that her in-laws were torturing her mentally and her husband was mute spectator. Thus, she stopped visiting her in- laws house. She claimed that during April 2014, she conceived and due to the harassment, she suffered a painful abortion and was prematurely discharged from the hospital and brought back to Bengaluru and left her at her parents house on 24.02.2014. She alleged that accused No.1 did not pay any
medical expenses. She alleged that after accused No.1 left to Coimbatore, he continued to work at Cognizant Technology Solutions India Private Limited till 2015 and left to USA on overseas duty. She alleged that she joined accused No.1 at Coimbatore and stayed with him and again conceived during October, 2014. She alleged that she was again forcibly brought to Bengaluru and left at her parents' house. She claimed that she gave birth to a daughter during June, 2015 and alleged that accused No.1 did not take care of both of them. She claimed that when accused No.1 left to USA, he promised to take them to USA but failed to do so. She alleged that she was employed at BEL on 02.01.2017 and that accused No.1 tortured her and threatened that he would separate the baby from her. She alleged that accused No.1 was torturing her while in Chennimalai and in Coimbatore, while his parents were harassing her parents and her relatives through telephone. She alleged that on 04.02.2018, a tonsuring ceremony of the child was arranged at Karur. She claimed that though her in-laws were informed, neither of them attended the function. She alleged that gold jewelry worth Rs.10,00,000/- was given to her at the time of marriage many of which, were kept at
Coimbatore in the custody of her in-laws, who refused to hand it over to her. She also claimed that accused No.1 was gifted with several gold ornaments on the insistence of her in-laws. She further alleged that accused No.1 had come to India in September 2017 and he did not call her nor visited her. With these allegations, she requested respondent No.1 to initiate suitable action.
4. The respondent No.1 registered Crime No.63/2018
for the offences aforesaid and took investigation. A charge- sheet was filed for the offences punishable under Sections 498A, 504, 34 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act. The Trial Court took cognizance of the aforesaid offences in terms of the order date