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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION NO.6279/2020

C/W.

CRIMINAL PETITION NO.1261/2021

IN CRIMINAL PETITION NO.6279/2020:

BETWEEN:

MR. SHARATH T.R.

AGED ABOUT 32 YEARS

S/O. RAMAKRISHNAPPA

R/AT HOUSE NO.03.25/7

NAGAPPA STREET

MUNNESHWARA BLOCK

GUTHALLI, BENGLAURU-560003

& PETITIONER

[BY SRI MOHAN CHANDRA P., ADVOCATE]

AND:

1 .

THE STATE OF KARNATAKA

BY SHO OF D.J. HALLI POLICE STATION

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

HIGH COURT BUILDING

BENGALURU-560001

2 .

SMT. LAKSHMI BAI

AGED ABOUT 36 YEARS

2

W/O. MANOHAR REDDY

R/AT HOUSE NO.06, K.H.B. ROAD

KAVALBAIRASANDRA

R.T. NAGAR POST

BENGALURU-560032

& RESPONDENTS

[BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1;

SRI GIRISH D.S., ADVOCATE FOR R2 - (THROUGH V.C.)]

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN

C.C.NO.54046/2020 (CR.NO.136/2019 OF D.J.HALLI POLICE

STATION) PENDING ON THE FILE OF XI ACMM AT BENGALURU

AGAINST THIS PETITIONER/ACCUSED NO.3 HEREIN FOR THE

OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 504, 506,

109 AND 201 R/W SECTION 34 OF IPC.

IN CRIMINAL PETITION NO.1261/2021:

BETWEEN:

SMT.ROOPA G.V.,

AGED ABOUT 33 YEARS

W/O. GOVINDAPPA

R/AT HOUSE NO.10, KOTE

GOWRIBIDANUR-561208

CHIKKABALLAPURA DISTRICT.

& PETITIONER

[BY SRI MOHAN CHANDRA P., ADVOCATE]

AND:

1 .

THE STATE OF KARNATAKA

BY SHO OF D.J. HALLI POLICE STATION

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

HIGH COURT BUILDING

BENGALURU-560001

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2 .

SMT. LAKSHMI BAI

AGED ABOUT 36 YEARS

W/O. MANOHAR REDDY

R/AT HOUSE NO.06, K.H.B. ROAD

KAVALBAIRASANDRA

R.T. NAGAR POST

BENGALURU-560032

& RESPONDENTS

[BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1;

SRI GIRISH D.S., ADVOCATE FOR R2- (THROUGH V.C.)]

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN

C.C.NO.54046/2020 (CR.NO.136/2019 OF D.J.HALLI POLICE

STATION) PENDING ON THE FILE OF XI ACMM AT BENGALURU

AGAINST THIS PETITIONER/ACCUSED NO.2 HEREIN FOR THE

OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 504, 506,

109 AND 201 R/W SECTION 34 OF IPC.

THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Crl.P.No.6279/2020 and Crl.P.No.1261/2021 are filed by

the petitioners, who have been arraigned as accused Nos.3 and

2 respectively in C.C.No.54046/2020, praying this Court to

quash the proceedings initiated against the petitioners therein,

pending on the file of the XI Additional Chief Metropolitan

Magistrate, Bengaluru against these petitioners for the offence

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punishable under Sections 498A, 504, 506, 109, 201 read with

Section 34 of IPC.

2.

The case of the prosecution is that accused No.1,

who is the husband of respondent No.2, in order to obtain

divorce from the complainant got installed the CCTV camera in

the bedroom with the help of accused No.3 and recorded the

private activities of his wife. It is alleged that accused No.1 used

to abuse and harass his wife that he would make use of the

recordings and upload the same in the social media and

subjected her for mental cruelty. It is the allegation against

accused No.2 that she also called and threatened the

complainant to give divorce to her husband since both of them

were intending to marry and that accused No.2 instigated

accused No.1/husband to quarrel with his wife. Hence, the police

have registered the case, investigated the matter and filed the

charge sheet against the petitioners herein and accused No.1.

3.

Learned counsel for the petitioner/accused No.3 in

Crl.P.No.6279/2020 would vehemently contend that no material

is collected for having installed the CCTV camera by accused

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No.3 and only on the say of the complainant, he has been falsely

implicated in the case. There is