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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02^ND DAY OF DECEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.7129 OF 2021

BETWEEN

1.

Sri E.Swamy Gowda,

S/o Late Eregowda,

Aged about 46 years,

No.3, 1^st Floor,

Municipal Complex,

M.G.Road, Kanakapura Town,

Ramanagara District-562117.

2.

Sri Doddamadaiah,

S/o Late Dundaiah,

Aged 76 years,

R/at No.3231, Opp. TTC,

Kanakapura Town,

Ramanagara District-562117.

…Petitioners

(By Sri. Prakash M.H., Advocate)

AND

1.

State of Karnataka

Represented by

State Public Prosecutor,

High Court,

Through Karnataka Town Police,

Kanakapura Taluk,

Ramanagara District-562117.

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2.

Sunila @ Shalini

D/o Narasimaiah,

Age: Major,

R/at Julapalya Village,

Mittemari Hobli,

Bagepalli Taluk,

Chikkaballapur District-561207.

…Respondents

(By Sri Rohith B.J., HCGP for R1;

Sri Prasad B., Advocate for R2)

This Criminal Petition is filed under Section 482

Cr.P.C., praying to quash the order dated 03.09.2021

passed by the I Additional District and Sessions Judge,

Ramanagara

in

Spl.C.No.6/2019

for

the

offences

punishable under Sections 504, 498A, 494, 417, 114 read

with 34 of IPC along with Section 3(1)(r)(s) of Prevention

of Atrocities Act and consequently discharge the petitioners

from the offence above mentioned.

This Criminal Petition coming on for admission, this

day, the Court made the following:

ORDER

Heard Sri.Prakash M.H., learned counsel for the

petitioners and Sri. Prasad B., for respondent no.2 and

the Government Pleader respondent no.1. The

petitioners are facing trial in Spl.C.C.No.6/2019 on the

file of I Addl. District and Sessions Judge, Ramanagara

for the offences punishable under sections 3 and 4 of

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Dowry Prohibition Act and sections 494, 323, 327,

504, 506, 498A, 342, 376B, 419, 114 r/w 34 IPC and

section 3(1)(r)(s) of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act. The petitioners

made an application under section 227 Cr.P.C. seeking

their discharge, but learned Judge of the trial court

by his order dated 3.9.2021 dismissed the said

application and hence the petitioners have approached

this court under section 482 Cr.P.C. for quashing the

said order.

2. The material facts disclose that the first

petitioner came in contact with the second respondent

in the year 2016 through the social media platform –

face book and later on they got married on 3.8.2018

in a temple. The first petitioner is a practising

advocate at Kanakapura. The second respondent

went to Kanakapura after the marriage. There was a

maid servant by name Rathnamma in the house of the

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first petitioner. One day the second respondent saw

Rathnamma having worn the clothes of the first

petitioner and it was questioned by the second

respondent. Rathnamma brought this matter to the

notice of the first petitioner and therefore he became

angry and slapped the second respondent. At that

time it is stated that the first petitioner asked the

second respondent about her caste and when she

stated that she was scheduled caste, the first

petitioner said that he committed a mistake in

marrying her and abused her in vulgar language. The

first petitioner and Rathnamma drove her out of the

house retaining with them all the gold and silver items

given to her at the time of marriage. Further

allegation is that on 27.9.2018, when the second

respondent went near the court at Kanakapura, the

first petitioner said that he had not married her and

insulted her again taking the name of her caste.

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3. The second respondent lodged an FIR on

4.10.2018 with Kanakapura Police. This resulted in

investigation being held and the petitioners being

charge sheeted. In the c