1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7143/2016
BETWEEN:
1. Palli Krishnappa @ M Krishnappa
S/o Late Munuyappa,
Aged about 60 years,
R/a Chichandlahalli,
Srinivasandra,
Kasamballi Hobli,
Bangarapete Taluk,
Kolar District -563 121.
2. Rathnamma,
W/o M Krishnappa,
Aged about 55 years,
R/a Chichandlahalli,
Srinivasandra,
Kasamballi Hobli,
Bangarapete Taluk,
Kolar District -563 121.
3. Pradeep @ Praveen C K,
S/o Krishnappa,
Aged about 32 years,
R/a Chichandlahalli,
Srinivasandra,
Kasamballi Hobli,
2
Bangarapete Taluk,
Kolar District -563 121.
4. Manjunath K,
S/o Palli Krishnappa @ M Krishnappa,
Aged about 30 years,
R/a Chichandlahalli,
Srinivasandra,
Kasamballi Hobli,
Bangarapete Taluk,
Kolar District -563 121.
5. Kolu Munuyappa
S/o late Yarappa,
Aged about 58 years,
R/a Chichandlahalli,
Srinivasandra, Kasamballi Hobli,
Bangarapete Taluk,
Kolar District -563 121. …Petitioners
(By Sri Dineshkumar Rao K, Advocate)
AND:
1. State of Karnataka,
By Sarjapura Police Station,
2. Smt.S Lavanya,
W/o Chalapathi C K
Aged about 23 years,
R/a Rajeev Gandhinagar,
Mugalur Gram Panchayath,
Sarjapur Hobli, Anekal Taluk,
Bangalore – 562 125. …Respondents
(By Sri. Sandesh.J.Chouta, SPP-II for R-1)
3
This Criminal Petition is filed Under Section 482
of Cr.P.C praying to quash the proceedings in CC
No.604/2015 for the offence punishable under Section
498A of IPC and Sections 3 and 4 of Dowry Prohibition
Act and subsequent proceedings thereto pending on the
file of Prl.C.J (JR.DN) and JMFC, Anekal and etc.
This criminal petition coming on for admission
this day, the Court made the following:
ORDER
This petition is filed by the petitioners/accused 2
to 6 under Section 482, praying the Court to quash the
proceedings initiated in CC No.604/2015 for the
offences punishable under Section 498A of IPC and
Sections 3 and 4 of Dowry Prohibition Act.
2. Heard the arguments for the learned counsel
appearing for the petitioners/accused 2 to 6 and also
the learned High Court Government Pleader for the
respondent State.
4
3. Learned counsel for the petitioners
submitted that as per the complaint averments and
other charge sheet materials, the main allegations are
against accused-1/husband of the complainant and so
far as the petitioners here in are concerned, the only
allegation is that they use to instigate accused -1 to
insist the complainant to bring dowry amount of
Rs.3,00,000/- from her parental home.
4. Hence, the learned counsel submitted that it
is only a bald and vague allegation that these petitioners
were insisting accused -1 and there is no supporting
material in the charge sheet to sustain the said
allegations made in the complaint. Hence, learned
counsel submitted in the absence of such prima facie
material proceedings initiated against the
petitioners/accused 2 to 6 are without any base and it
is only the abuse of process of Court, hence, submitted
5
to allow the petition and quash the proceedings as
against the petitioners/accused 2 to 6.
5. Per contra, learned High Court Government
Pleader referring to the charge sheet material submitted
that it is not only the instigation by these petitioners to
accused -1 but there is a statement of three eye
witnesses to the incident that these petitioners came to
the parental house of the complainant and in their
presence picked up quarrel and insisted the
complainant to bring Rs.3,00,000/- dowry amount
otherwise, they will not allow her to come to her
husband’s house. The statement goes to show that
these petitioners dragged her and assaulted her.
6. Learned HCGP submitted that so far as the
assault as per the statement of eye witnesses is
concerned, in the charge sheet there is no offence under
Section 323 but perusing the materials placed on
6
record, no doubt at the first instance, in the complaint
itself it is mentioned by the complainant that these
petitioners were also instigating the accused -1 to insist
the complainant to bring dowry amount from her
parental house. But looking to the entire charge sheet
material and considering the statement of witnesses
recorded during investigation, the statement are to the
effect that even these petitioners ill treated and
harassed the complainant for dowry amount. They have
stated that all these petitioners came to the parental
house of the complainant, picked up quarrel, insisted
her to bring Rs.3,00,000/- otherwise they will not allow
her to come to her husband house. Not only that, their
statement also goes to show that petitioners dragged her
and assaulted her. These materials if considered, a
prima facie case makes out the involvement of these
petitioners.
7
7. Therefore, as argued by the learned counsel
for the petitioners that it is not the only instigation but
for their participation also there is material. Hence,
question of quashing the proceedings by invoking
Section 482 does not arise in this case because there is
a prima facie material against all these petitioners. No
merits.
Accordingly, petition is hereby rejected.
Sd/-
JUDGE
BVK