The petitioners are before this Court calling in

question

the

proceedings

in

C.C.No.14304/2021,

registered for offences punishable under Sections 498A,

323, 504 and 506 of IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961.

Heard

Sri.Vikyath

B.,

learned

counsel

appearing for the petitioners, Sri.B.J.Rohith, learned

HCGP for respondent No.1.

3.

The complainant is the second respondent -

wife of accused No.1 – husband, who is not before the

Court. The first petitioner is accused No.5, the aunt of

the first accused. The second petitioner is the sister of

the first accused and the third petitioner is co-brother of

the first accused – husband and are all family members,

who are named in these proceedings. The marriage

between the first accused and the complainant -

respondent takes place on 23.01.2015 and allegations

4

of demand of dowry and torture made out for such

demand is laid against all the accused, the husband,

the mother-in-law, father-in-law and several others. In

a complaint registered on 24.06.2020, the Police after

investigation have also filed a charge sheet against all

accused

including

the

petitioners

for

offences

punishable under Sections 498A, 325, 504, 506 and

420 of IPC and Sections 3 and 4 of Dowry Prohibition

Act, 1961. It is at that juncture, the petitioners -

accused Nos.5, 6 and 7 have knocked the doors of this

Court, in the subject petition.

4.

Learned

counsel

appearing

for

the

petitioners would submit that the petitioners are other

members of the family and have nothing to do with the

squabble between the family members or the husband

and the complainant.

5

5.

The complaint no where narrates any overt

act being performed by the petitioners for them to be

alleged of offences punishable under Section 498A of

IPC. The charge sheet also does not indicate any

offence against the petitioners.

6.

Respondent

No.2

is

served

and

unrepresented.

7.

I have given my anxious consideration to the

contentions of respective learned counsel and have

perused the material on record.

8.

The afore-narrated dates are not in dispute.

Since the entire issue springs from the complaint, it is

germane to notice the complaint and is therefore

extracted for the purpose of quick reference:

“ From

S.Monisha w/o Satish

# 13, 1^st D Main, 18^th Cross

B K Nagar

Yeshwanthpur

Bangalore – 22

6

To

The Inspector of Police

Yeshwanthpur, Bangalore -22

Subject: Complaint against my husband

Satish for harassing and assaulting

Respected Sir.

Me aged 30, staying at my mothers

place #13, 1^st D Main, 18^th Cross, B K Nagar,

Yeshwanthpur, Bangalore – 22. I got married

& my husband & my in laws stay in

Prakashnagar Bangalore. During my stay in

my inlaws house my inlaws & my husband

used to harass & assault me jewels & cash.

Because of that harrassement I went to my

mothers place. Even then also my husband

used to come to my mothers place &

demanding & harassing for want of money &

jewellery. When I refused he started

assaulting me, abusing & threatened to kill

me.

On 22^nd June 2020, my husband came

to my mothers place as usual to visit us.

7

After some time he starting asking about my

mothers house to be transferred to my son’s

when I asked why to childs name, he told

when I am kill my husband would be the

owner for the property.

Then again on next day i.e., 23^rd June

2020, my husband came mothers place &

demanded for my & my mothers when I

asked for the reason he told his sisters

husband is demanding for it from them. I

refused to give the jewellery & asked when

my son was unwell & suffering from Thypoid

even you as a father did not enquire about

child health, but now you are demanding for

jewellery.

So

my

husband

started

assaulting

&

harassing me, my child & my mother. When

we shouted & our neighbours came to rescue

us, my husband ran away.

Kindly take necessary action against my

husband & do the needful.

Thanking You.

Your Sincerely

S.Monisha.”

8

9.

A perusal at the narration at the complaint

would

indicate

no