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®

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 08^TH DAY OF JANUARY, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.125/2015

BETWEEN:

SMT. SHEELAVATHI

W/O. SRI. M. LOKESH

AGED ABOUT 33 YEARS

R/AT. JODI THIMMASANDRA

MADHURE HOBLI

DODDABALLAPURA TALUK

PIN CODE - 562103.

... PETITIONER

(BY SRI. B.S.VENKATA NARAYANA, ADV.)

FOR SRI. MADHUKAR DESHPANDE, ADV.)

AND:

SRI. M . LOKESH

S/O. SRI. T. MUTTE GOWDA

AGED ABOUT 40 YEARS

R/AT. MADHURANAHOSALLI VILLAGE

DODDABALLAPURA HOBLI

DODDABALLAPURA TALUK

PIN CODE - 562103.

…RESPONDENT

(RESPONDENT- SERVED)

THIS

CRIMINAL

REVISION

PETITION

IS

FILED

UNDER

SECTION 397 READ WITH 401 CR.P.C PRAYING TO SET ASIDE THE

ORDER DATED 16.12.2014 PASSED BY THE IV ADDL. DIST. &

SESSIONS COURT, DODDABALLAPURA, BANGALORE RURAL DIST.,

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BANGALORE AND CONFIRM THE ORDER DATED 11.02.2014 PASSED

BY THE PRL.CIVIL JUDGE AND JMFC., DODDABALLAPURA.

THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

This Revision Petition is by the wife challenging the

order dated 16.12.2014 passed in Criminal Appeal

No.10006/2014 on the file of the IV Additional District and

Sessions Judge, Doddaballapur, Bengaluru Rural District.

2. Parties are referred to as wife and husband for

the sake of convenience.

3. The germane facts for disposal of the Revision

Petition are as under:

Wife filed an application in C.Misc.No.3/2010 on the

file of the Principal Civil Judge and JMFC, Doddaballapur

under Section 12 of the provisions of the Protection of

Women from Domestic Violence Act, 2005 [hereinafter

referred to as ‘DV Act’ for short].

4. It is contended by the wife that she was married

to Mr.M.Lokesh on 10.2.2006 at Lakshmi Venkateshwara

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KalyanaMantap,

Kanasawadi,

MadhureShanimahatma

Temple

(Belavangala

cross)

Madhure,

Doddaballapur

Taluk. It is contended that thereafter she joined the

matrimonial home. It is contended that at the time of

marriage 300 grams of gold jewellary and 880 grams of

silver articles were given as dowry and huge amount was

also spent towards the marriage. It is further contended

that after fifteen days of the marriage, her husband and

parents-in-law and other members of the husband’s family

demanded a motor bike as dowry and since her father was

unable to meet the demand, he requested his son

Mr.Santhosh to purchase a motorcycle which could be

given to her husband and her brother had to obtain loan

from HDFC Bank and purchased a two wheeler and gave it

to her husband. It is further contended that the demand

of her husband did not stop there and after some time, he

again demanded a sum of Rupees two lakhs from her

parents as dowry but her father could only arrange Rupees

One lakh and that was also given to her husband.

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5. It is further contended that to her dismay, she

found that her husband had been addicted to bad vices

and used to stay only two days in a week in the house and

spend remaining days outside the house. On being

questioned by her, her husband gave evasive reply and

when insisted for the proper reply, she was beaten by her

husband and her parents-in-law also supported to her

husband. It is further contended that even when her

husband visited the house, he used to behave indifferently

and her parents-in-law joined him and harassed her

physically and mentally. It is also contended that all of

them gave life threat to her and she somehow managed to

put up. In the meanwhile, she got conceived and same

message was conveyed to her parents. It is at that

juncture she explained the trauma she has experienced in

her matrimonial home to her parents and her parents took

her to their house wherein she gave birth to a boy baby on

16.5.2007. Despite conveying about birth of baby boy,

there was no proper response from the matri