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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 21^ST DAY OF JUNE, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO.200795/2019

BETWEEN:

1. Siddappa Patil S/o Chandrappa Patil,

Age : 66 years, Occ : Agriculture,

R/o Valkandi Village,

Tq : Humnabad, Dist : Bidar.

2. Smt.Yankamma W/o Chandrappa Patil,

Aged : 66 years, Occ : Household,

R/o Valkandi Village,

Tq : Humnabad, Dist : Bidar.

… Petitioners

(By Sri Gopalkrishna B.Yadav, Advocate)

AND:

1. State of Karnataka,

Through Humnabad Police Station,

Dist : Bidar.

Represented by Addl. SPP,

High Court of Karnataka,

Kalaburagi Bench.

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2. Smt.Munnamma W/o Suresh Patil,

Age about 30 years, Occ: Household,

R/o Chinkera village, Tq : Humnabad,

Dist : Bidar.

… Respondent

(By Sri Sharanabasappa M.Patil, HCGP for R1;

Notice to R2 served)

This Criminal Petition is filed under Section 482 of

Cr.P.C praying to allow the petition and set aside the

impugned charge sheet filed by the respondent police in

Crime No.194/2018 of Humnabad Police Station in

C.C.No.268/2019 for the offences under Sections 498A,

323, 504 and 506 read with Section 34 of IPC pending on

the file of Prl. Civil Judge and JMFC, Humnabad.

This petition coming on for Admission this day, the

Court made the following:

O R D E R

The petitioners have filed this petition under

Section 482 of Code of Criminal Procedure for

quashing the entire charge-sheet in C.C.No.268/2019,

arising out of Crime No.194/2018 of Humnabad Police

Station, pending on the file of Principal Civil Judge

(Jr.Dn.) and JMFC Court, Humanabad, Bidar District.

2.

The factual matrix leading to the case are

that a complaint has been filed against the present

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petitioners, who are in-laws of the complainant,

alleging that on 02.05.2018 at 12 O’clock the

petitioners along with others came to Chinkera village

and abused her in filthy language asserting that she

has not yet died as she is infected with HIV and still

she is alive asserting that they are not going to give

any share in the properties and humiliated her with a

abusive words. In this regard, she lodged a complaint

against the present petitioners and others.

3.

It is also alleged in the complaint that they

have given a bread and she did not eat the said bread

but it was feeded to a dog and the dog died after

eating the bread and hence, it is alleged that with an

intention to deny her share in the properties there was

an attempt and she was subjected to cruelty all along

on the ground that she is tested HIV positive, but still

is alive. Hence, a complaint came to be lodged. On the

basis of the complaint, the Investigating Officer

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undertook the investigation and later on he has

submitted the charge sheet against the present

petitioners for the offences punishable under Sections

498A, 323, 504 and 506 read with Section 34 of IPC.

4.

In the meanwhile, the present petitioners

and other accused referred in the FIR, have filed a

petition before this court in Crl.P.No.200814/2018 and

Crl.P.No.201128/2018,

for

quashing

the

FIR.

However, after submission of the charge-sheet, the

said petition came to be withdrawn and it was

dismissed, as per order dated 03.04.2019. The charge

sheet is now filed only against the present petitioners

for the offences punishable under Sections 323, 504

and 506 read with Section 34 of IPC. The learned

Magistrate has taken cognizance and issued process.

5.

The

petitioners

being

aggrieved

have

approached this Court for setting aside the entire

proceedings in C.C.No.268/2019, on the file of the

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Principal Civil Judge and JMFC, Humnabad, by

quashing the entire charge sheet itself.

6.

The learned counsel for the petitioners

contended that due to civil dispute the complainant

has filed this false complaint and initially she made

false allegation in respect of the offence p