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2022 Supreme(Online)(Kar) 31333

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CRL.P No. 5728 of 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF JUNE, 2022

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 5728 OF 2021

BETWEEN:

1.

SRI.KIRAN S N

S/O. NAGARAJA S,

R/AT KUDIYANURU,

MALUR TALUK,

SONNAPPANAHALLI,

KOLAR 563130,

2.

SRI. SHIVAKUMAR S S

S/O. LATE. SADHASHIVAIAH,

R/AT MALUR TALUK,

SONNAPPANAHALLI,

KOLAR 563130.

W/O. MANJNATH B K,

R/AT BENNEHALLI VILLAGE,

HARAPPANAHALLI TALUK,

DAVANAGERE 583127,

3.

SRI. NAGARAJ S

S/O. LATE. SADHASHIVAIAH,

R/AT KUDIYANURU,

MALUR TALUK,

SONNAPPANAHALLI,

KOLAR 563130

&PETITIONERS

(BY SRI. B. SIDDESWARA., ADVOCATE)

Digitally

signed by

PADMAVATHI

B K

Location:

High Court of

Karnataka

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CRL.P No. 5728 of 2021

AND:

1.

THE STATE OF KARNATAKA

BY WHITEFIELD POLICE STATION

REPRESENTED BY

THE STATE PUBLIC PROSECUTOR,

BENGALURU DISTRICT

HIGH COURT BUILDINGS

BENGALURU 3 560 009.

2.

SMT.S.M.MANASA

W/O. VISHWANATH U,

AGED ABOUT 24 YEARS

RESIDING AT NO. 310,

2ND CROS, AC CROSS,

BDA LAYOUT, EAST OF NGEF

DOORWANI NAGAR

BENGALURU 3 560 016.

&RESPONDENTS

(BY SMT.K.P.YASHODHA, HCGP FOR R1;

R2 SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.142/2021

REGISTERED AGAINST THE PETITIONERS HEREIN FOR THE

OFFENCE P/U/S 498(A) R/W 34 OF IPC AND SECTION 3 AND 4

OF DOWRY PROHIBITION ACTION PENDING ON THE FILE OF I

ADDL.C.J.M., BENGALURU RURAL DISTRICT AT ANNEXURE-A.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

The petitioners are before this Court calling in question

proceedings in Crime No.142/2021 registered for the offences

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punishable under Sections 498A and 34 of the IPC and Sections

3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard Sri.B.Siddeswara, learned counsel appearing for

the petitioners and Smt.K.P.Yashodha, learned High Court

Government Pleader appearing for respondent No.1.

3. Before considering the case on its merits, I deem it

appropriate to notice the relationship between the parties. The

second respondent is the complainant. Complainant is the wife

of one Vishwanath.U-accused No.1 who is not before this Court.

Petitioners-accused Nos.4, 5 and 6 are the relatives of the

husband. Marriage between accused No.1 and the complainant

takes place on 21.5.2017 and on the relationship between the

family members of the husband of the complainant including

the husband turning sore, the complainant registers the

complaint on 10.07.2021 narrating circumstances of such

torture by the members of the family including the petitioners.

On registration of the crime, the petitioners knock the doors of

this Court. This Court, on entertaining the petition, has

interjected the investigation against the petitioners.

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4. The learned counsel appearing for the petitioners

submits that in the entire complaint there is no allegation of

any overt act being performed by the petitioners that would

become an ingredient of Section 498A of the IPC or other

provisions that are alleged against the petitioners and would

seek quashment of the proceedings, as unnecessarily the

petitioners who are the relatives of the husband are dragged

into these proceedings.

5. On the other hand, the learned High Court Government

Pleader submits that the matter has to be investigated to

ascertain the role of the petitioners in the alleged crime and

accordingly, seeks dismissal of the petition.

6. I have given my anxious consideration to the

submissions made by the learned counsel for the parties and

perused the material on record.

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7. The afore-narrated facts are not in dispute. The

complaint registered by the complainant insofar as it concerns

the allegations against the petitioners are as follows:

<&.

&.

&.

&.

For six months i.e., from 15th September to 25 March

2021, they avoided all contacts from me and my family

because I had informed everything faced cruelty,

harassment, mental agony sufferings that I faced through

in my husband and in-laws to my family. My father

requested village heads for Panchayati after many

requests and efforts to arrange a meeting and resolve this

situation with my in-laws even during then my husband

and my in-laws Suverna and Umesh attacked my parents

with the help of Kiran S.N.Manvith, S.Shivakumar,

S

Nagaraja,

and

they

demanded

amount

of

Rs.20,00,000/- as additional Dowry to take me back to

matrimonial house. After agreeing to the advice of the

village heads I went back on the same day that is 24

March 2020. I was restricted to go to work and I was

allowed only when I agreed to give them my salary. After

few days the violence and abuse increased as I started

telling my parents and everyone around me about the

pain and suffering and torture.

&.

&.

&.

&.

On 8 June 2021, my husband my mother-in-law

Suvarna left me alone at home with my father-in-law and

did not come back for three days. They were roaming

places during lockdown with their relatives (S.Nagaraja,

S.Shivakumar, Kiran S.N., Bharat and Manvith) My

husband did not answer my calls or texts. After he came

back on 11th June 2021 when I asked him on his

whereabouts he threatened and beaten me to death he

started fight at 11 PM with abusive language on me and

my parents, he punched me in the face several times kept

his feet on my neck while laying me down and literally

spoke <I will kill you and it won9t be a problem if I go to

jail=. My father in law was present at the scene, even he

tried to slap me push me and locked me in my r

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