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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 5^TH DAY OF JULY 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.101996/2017

BETWEEN

1.

SRI. CHANDRASHEKAR M SHETTAR

NO.9, KUMBHAKONAM PLOTS,

AGE: 66 YEARS,

NEAR GUJRATH BHAVAN

DESHPANDE NAGAR

HUBBALLI-580 029

2.

SMT SHASHIKALA

W/O CHANDRASHEKAR SHETTAR

NO.9, KUMBHAKONAM PLOTS,

AGE: 63 YEARS, NEAR GUJRATH BHAVAN

DESHPANDE NAGAR

HUBBALLI-580 029

PETITIONERS

(BY SRI.B ANAND, ADVOCATE)

AND

1.

THE STATE OF KARNATAKA

BY WOMEN POLICE STATION

HUBLI NORTH SUB DIVISION

REPRESENTED BY

SPP HIGH COURT OF KARNATAKA

DHARWAD BENCH, DHARWAD

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2.

SMT SHEELA W/O MAHANTESH SHETTAR

NO.47, S2 GS PARADISE

AGE: 33 YEARS, APP 1ST CORSS,

VIGNANA NAGAR

BENGALURU-560 075

…RESPONDENTS

(BY SRI.VINAYAK S KULAKARNI, AGA FOR R1,

SRI.VIJAY N HIREMATH, ADVOCATE FOR R2)

THIS

CRIMINAL

PETITION

IS

FILED

U/SEC.482

OF

CR.P.C.,

PRAYING

TO

ALLOW

THE

PRESENT

CRIMINAL

PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN CC

NO.2326/2015 IN WOMEN POLICE STATION, HUBBALLI IN

CRIME NO.19/15 ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) &

JMFC, HUBBALLI, FOR THE ALLEGED OFFENCE PUNISHABLE

UNDER SECTIONS 3 & 4 OF THE DOWRY PROHIBITION ACT &

SECTION 498-A R/W SECTION 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioners and

respondent No.2 on I.A.No.3/2021.

2.

Learned

counsel

for

respondent

No.2

submitted

that

the

criminal

proceedings

in

C.C.No.2326/2015 for the offence punishable under

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Sections 323, 504 read with 149 of Indian Penal Code

which

was

pending

before

the learned

JMFC at

Hubballi is already transferred to Chief Metropolitan

Magistrate,

Bengaluru,

as

per

the

order

dated

13.06.2018

passed

in

Criminal

Petition

No.101019/2016 and the same is now pending before

the

learned

XXIX

Additional

Chief

Metropolitan

Magistrate,

Bengaluru

in

C.C.No.50387/2020.

Therefore, this Court lacks jurisdiction to entertain the

petition.

3.

This fact is not disputed by the learned

counsel for the petitioners. However, learned counsel

for respondent No.2 submitted that by suppressing the

fact of the order dated 13.06.2018 transferring the

criminal proceedings to the Court at Bengaluru, the

learned counsel for the petitioners got the order

admitting the petition, vide order dated 06.09.2018.

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4.

However, it is admitted by both the learned

counsel that the criminal proceedings which is under

challenge in the present petition is now pending

before

the

XXIX

Additional

Chief

Metropolitan

Magistrate, Bengaluru. Under such circumstances, the

petitioners can persuade their remedy before the

Principal Bench at Bengaluru, if they choose to do so.

5.

Learned counsel for the petitioners submits

that the petition may be returned for presentation

before the Principal Bench at Bengaluru.

6.

Learned

counsel

for

respondent

No.2

opposes extension of the interim stay granted vide

order dated 15.09.2017 and submitted that there is

suppression

of

the

offence

charged

against

the

petitioners while getting the order of stay.

7.

However, it is noticed that the interim stay

granted vide order dated 15.09.2017 is in operation

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till today and the same could be extended for a

reasonable period of time to enable the petitioners to

present the petition before the Principal Bench and

seek necessary order. Hence, I proceed to pass the

following:

ORDER

The petition is ordered to be returned to the

petitioners for presentation before the Principal Bench

at Bengaluru.

The interim stay granted by this Court vide order

dated 15.09.2017 is extended for a period of four

weeks from today.

All the contentions raised by the parties before

this Court are kept open to be raised before the

Principal Bench at Bengaluru.

For