IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 5^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRL.P.No.101313/2018

BETWEEN:

DR. GURUPUTRA S/O VEERAPPA DODAWAD,

AGE: 67 YEARS, OCC: PENSIONER,

R/O: H.NO.136, HANUMAN NAGAR,

TQ and DIST: BELAGAVI.

…PETITIONER

(BY SHRI JAGADISH PATIL, ADVOCATE)

AND:

1.

STATE OF KARNATAKA,

REPRESENTED THORUGH

STATE PUBLIC PROSECUTOR,

THROUGH SAVADATTI POLICE STATION,

HIGH COURT OF KARNATAKA,

DHARWAD.

2.

SMT.SHAKUNTALA GOUDAPPA DODWAD,

AGE: 62 YEARS, OCC: HOUSEWIFE,

R/O: NO.H.8, DOLORS COLONY,

GLKUL ROAD,

HUBBALLI-580030.

…RESPONDENTS

(BY SHRI PRAVEEN K UPPAR, HCGP FOR R1,

R2 SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C., SEEKING TO CALL FOR THE RECORS, ALLOW THIS

PETITION AND QUASH FIR CRIME NO. 98/2015 DATED

29.03.2015 REGISTERED BY SAVADATTI P.S. FOR OFFENCES

U/S.498A, 406, 420, 405 OF IPC WITH RESPECT TO THE

PETITIONER

AND

TO

QUASH

THE

PROCEEDINGS

IN

2

C.C.NO.1265/2015 PENDING ON THE FILE OF PRL. CIVIL JUDGE

AND JMFC, SAVADATTI WITH RESPECT TO FIR CRIME

NO.98/2015 U/S.498A, 406, 420, 405 OF IPC REGISTERED BY

SAVADATTI P.S. WITH RESPECT OF THE PETITIONER.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed to quash the FIR in

Cr.No.98/2015

registered

at

Savadatti

police

station as well as the proceedings pending in

C.C.No.1265/2015 on the file of Prl. Civil Judge

and JMFC, Savadatti.

2.

Heard

the

learned

counsel

for

the

petitioner and learned High Court Government

pleader for the respondent-State.

3.

On the basis of a complaint lodged by

respondent

No.2

herein,

aforesaid

case

was

registered

against

the

petitioner

for

offences

punishable under Sections 498A, 406, 420 and 405

of IPC. On completion of investigation, charge-

3

sheet was filed for an offence punishable under

Section 406 of IPC.

4.

The case of the prosecution in a nutshell

is

that

the

complainant

got

married

one

Shri G.V.Dodawad on 17.02.1975. The petitioner

herein is the brother-in-law of the complainant.

In the year 1976, the complainant had handed

over 4 gold bangles weighing 10 tholas and some

other gold ornaments to her mother-in-law i.e.,

the mother of the petitioner and before her death,

she had handed over the said gold ornaments to

CW-2 namely Smt.Nambekka Balappa Kumbar.

Subsequently,

the

said

gold

ornaments

were

handed over to the present petitioner. It is

alleged that inspite of assurance by the present

petitioner that the same will be returned to the

complainant, it was not handed over to her, as

such, the petitioner committed criminal breach of

trust.

4

5.

According to the learned counsel for the

petitioner, there is no material collected by the

prosecution to show that the gold ornaments were

handed over to the present petitioner. He submits

that the gold jewelleries are alleged to have been

given to the mother of the petitioner in the year

1976 and therefore, there is an inordinate delay in

lodging the complaint. It is further contended

that the ingredients of Section 405 of IPC has not

been

made

out

and

therefore,

the

entire

proceedings now initiated is an abuse of process of

Court.

6.

The police have conducted investigation

and filed charge-sheet against the petitioner for

an offence punishable under Section 406 of IPC.

The petitioner has got a remedy before the Court

below

seeking

his

discharge

by

filing

an

appropriate application, if, there is no material

collected by the prosecution to substantiate the

5

charge under Section 406 of IPC. No grounds are

made out to quash the proceedings. Hence,

reserving liberty to the petitioner to file such an

application before the trial Court, in view of filing

of

the

charge-sheet,

the

present

petition

is

dismissed.

All th