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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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