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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION No.4151 of 2021

BETWEEN

1.

B.J. REVANASIDDAPPA

S/O. JAYAPPA B.,

AGED ABOUT 35 YEARS,

POLICE CONSTABLE,

HADADI POLICE STATION,

RESIDING AT NO.5, ‘B’ BLOCK,

POLICE QUARTERS HADADI,

DAVANAGERE TALUK,

DAVANAGERE DISTRICT - 577 006.

PERMANENT RESIDENT OF

THUMBIGERE VILLAGE,

DAVANAGERE TALUK,

DAVANAGERE DISTRICT - 577 006.

2.

SMT. SHAILAJA @ SHAILAMMA N.

W/O. B.J. REVANASIDDAPPA,

AGED ABOUT 27 YEARS,

HOUSE WIFE,

RESIDING AT NO.5, ‘B’ BLOCK,

POLICE QUARTERS HADADI,

DAVANAGERE TALUK,

DAVANAGERE - 577 006.

PERMANENT RESIDENT OF

THUMBIGERE VILLAGE,

DAVANAGERE TALUK,

DAVANAGERE DISTRICT - 577 006.

…PETITIONERS

(BY SRI S.G. RAJENDRA REDDY, ADVOCATE)

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AND

1.

STATE OF KARNATAKA

BY BHARAMASAGARA POLICE STATION,

CHITRADURGA DISTRICT,

BY STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU - 560 001.

2.

PREETHI S.R. @ NANDINI

W/O. MANJUNATHA,

AGED ABOUT 26 YEARS, HOUSE WIFE,

RESIDENT OF BAHADDURGHATTA VILLAGE,

CHITRADURGA DISTRICT - 577 501.

…RESPONDENTS

(BY SRI MAHESH SHETTY, HCGP for R-1.

SRI K.S. KALLESHAPPA, ADVOCATE for R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE

FIR

AND

COMPLAINT

IN

CRIME

NO.52

OF

2021

OF

BHARAMASAGARA POLICE STATION, CHITRADURGA DISTRICT,

REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS

307, 323, 354, 498A, 504, 506 AND 149 OF THE INDIAN PENAL

CODE AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT

PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE

(JR.DN)

AND

JMFC,

DAVANAGERE,

IN

RESPECT

OF

THE

PETITIONERS HEREIN.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION,

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioners/accused Nos.2

and 5 under Section 482 of Cr.P.C. for quashing the FIR in

Crime No.52/2021 registered by Bharamasagara Police

Station for the offences punishable under Sections 307, 323,

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498A, 504, 506,149 of IPC and Sections 3 and 4 of the

Dowry Prohibition Act, 1961.

2.

Heard learned counsel for the petitioners and learned

High Court Government Pleader for the respondent-State as

also learned counsel for respondent No.2.

3.

The case of the prosecution is that one Preethi S R

Alias Nandini filed a complaint on 23.02.2021 alleging that

her marriage with Manjunatha J, the brother of petitioner

No.1/accused No.2 was held on 06.01.2021 at Basaweshwara

Kalyana Mantap. At the time of marriage, her parents said to

have given dowry. Thereafter, she went to the matrimonial

home. Petitioner No.1 is said to be the elder brother of her

husband working in Police Department and petitioner No.2 is

the wife of petitioner No.1. They all said to have harassed

her physically and mentally demanding additional dowry.

She further alleged that on 15.02.2021, at 10.00 p.m., her

husband, petitioner Nos.1 and 2 and her mother-in-law all

together removed her clothes, took nude photographs and

then snatched away her phone, thereafter, they forcibly

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obtained her signature on a stamp paper by threatening to

kill her and her family members. Even though she was not

willing, she affixed her signature and thereafter, again she

kept quiet in order to continue her matrimonial life. In spite

of the same, the accused said to have pressurized her to

bring Rs.2,00,000/-. On 17.02.2021, her husband and

petitioners demanded dowry amount and when they came to

know that it is not possible for her to bring money, her

husband dragged her by holding her hair, assaulted her

physically and mentally harassed her. Therefore, she went

to Bharamasagara Police Station and also to the District

Legal

Services

Authority

for

issuing

legal

notice

on

22.03.2021 and the complaint came to be filed.

4.

Learned counsel for the petitioners contended that

peti