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Pradeep Hiremath vs State Of Karnataka on 17 January, 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17th DAY OF JANUARY, 2020

BEFORE
THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION No.3403/2019
c/w
CRIMINAL PETITION No.3401/2019
CRIMINAL PETITION No.3402/2019
IN CRIMINAL PETITION No.3403/2019:
BETWEEN:
Pradeep Hiremath
S/o late Chandrashekar Hiremath
Aged about 33 years
Occupation: Software Engineer
Represented by his GPA Holder
Smt. Vijayalakshmi Hiremath
W/o late Chandrashekar Hiremath
Aged about 59 years
Residing at No.G7, Geetanjali Pride-I,
5th Main, 3rd Cross, Malleshpalya,
Bengaluru-560 075.
…Petitioner
(By Sri Chethan Desai, Advocate for
Smt. Rashmi Jadhav, Advocate)
AND:

1. State of Karnataka
by Byadarahalli Police Station, Bengaluru,
Represented by State Public Prosecutor
High Court Building,
Dr. Ambedkar Veddhi,
Bengaluru-560 001.
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2. Smt. Smruthi Pradeep Hiremath
W/o Pradeep Hiremath
Age: Major, Residing at No.895,
Siri Nilaya, 11th ‘B’ Cross,
D Group Layout,
Lingadhiranahalli,
Bengaluru-560 009.
…Respondents

(By Sri H.R.Showri, HCGP for R1;
Sri N.G.Puneeth, Advocate for
Sri G.Chandrashekaraiah, Advocate for R2)

This Criminal Petition is filed under Section 482 of
Cr.P.C praying to quash the FIR in CR.No.80/2019
pending before the Chief Metropolitan Magistrate,
Bengaluru Rural District, Bengaluru, and on the file of
respondent Byadarahalli Police Station, for the offences
punishable under Sections 498A, 354A and 420 of IPC and
Sections 3 and 4 of Dowry Prohibition Act, against the
petitioners.

IN CRIMINAL PETITION No.3401/2019:

BETWEEN:

1. Rajendra Hiremath
S/o Allamaprabhu Hiremath
Aged about 40 years
Occupation.: Software Engineer

2. Pavitra Rajendra Hiremath
W/o Rajendra Hiremath
Aged about 36 years
Occupation: Housewife
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Both the petitioners are residing at
No.895, Siri Nilaya, 11th B Cross,
D Group Layout, Lingadhiranahalli,
Bengaluru-560 061.
…Petitioners
(By Sri Chethan Desai, Advocate for
Smt. Rashmi Jadhav, Advocate)

AND:

1. State of Karnataka
by Byadarahalli Police Station, Bengaluru,
Represented by State Public Prosecutor
High Court Building,
Dr. Ambedkar Veedhi
Bengaluru-560 001.

2. Smt. Smruthi Pradeep Hiremath
W/o Pradeep Hiremath
Age: Major
Residing at No.895, Siri Nilaya,
11th ‘B’ Cross, D Group Layout,
Lingadhiranahalli,
Bengaluru-560 009.
…Respondents

(By Sri H.R.Showri, HCGP for R1;
Sri N.G.Puneeth, Advocate for
Sri G.Chandrashekaraiah, Advocate for R2)

This Criminal Petition is filed under Section 482 of
Cr.P.C praying to quash the FIR in CR.No.80/2019
pending before the Chief Metropolitan Magistrate,
Bengaluru Rural District, Bengaluru, and on the file of
respondent Byadarahalli Police Station, for the offences
punishable under Sections 498A, 354A and 420 of IPC and
Sections 3 and 4 of Dowry Prohibition Act, against the
petitioners.
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IN CRIMINAL PETITION No.3402/2019:

BETWEEN:

Smt.Vijaylakshmi Hiremath
W/o late Chandrashekar Hiremath
Aged about 59 years
Residing at No.G7, Geetanjali Pride-1,
5th Main, 3rd Cross, malleshpalya,
Bengaluru-560 075.
…Petitioner
(By Sri Chethan Desai, Advocate for
Smt. Rashmi Jadhav, Advocate)

AND:

1. State of Karnataka
by Byadarahalli Police Station, Bengaluru,
Represented by State Public Prosecutor
High Court Building,
Dr. Ambedkar Veedhi
Bengaluru-560 001.

2. Smt. Smruthi Pradeep Hiremath
W/o Pradeep Hiremath
Age: Major
Residing at No.895, Siri Nilaya,
11th ‘B’ Cross, D Group Layout,
Lingadhiranahalli,
Bengaluru-560 009.
…Respondents

(By Sri H.R.Showri, HCGP for R1;
Sri N.G.Puneeth, Advocate for
Sri G.Chandrashekaraiah, Advocate for R2)
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This Criminal Petition is filed under Section 482 of
Cr.P.C praying to quash the FIR in CR.No.80/2019
pending before the Chief Metropolitan Magistrate,
Bengaluru Rural District, Bengaluru, and on the file of
respondent Byadarahalli Police Station, for the offences
punishable under Sections 498A, 354A and 420 of IPC and
Sections 3 and 4 of Dowry Prohibition Act, against the
petitioners.

These Criminal Petitions coming on for Admission,
this day the Court made the following:-

ORDER

Criminal Petition Nos.3403/2019, 3401/2019 and

3402/2019 have been filed by petitioners-accused Nos.1,

3, 4 and 2 under Section 482 of Cr.P.C. to quash the FIR in

Crime No.80/2019 pending on the file of Chief

Metropolitan Magistrate, Bengaluru Rural District,

Bengaluru, for the offences punishable under Sections

498(A), 354(A) and 420 of IPC and also under Sections 3

and 4 of Dowry Prohibition Act.

2. I have heard the learned counsel for the petitioners

and the learned High Court Government Pleader for

respondent-State and the learned counsel for respondent

No.2-complainant.

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3. Gist of the complaint is that petitioner-accused

No.1 got married with respondent No.2 on 11.11.2016 and

at the time of marriage talks, they have demanded a Car,

400 grams of gold and cash of Rs.1,50,000/- and the said

amount has been paid. Thereafter, started ill-treatment

and harassment including mental agony to the

complainant. It is further alleged that the petitioner-

accused No.1 used to travel to England and other places,

but intentionally he refused to led the complainant and the

accused persons used to abuse the complainant and even

there was physical harassment. Accused No.3 used to

misbehaved with the complainant and also used to ask

sexual favour. It is further alleged that because of ill-

treatment and harassment she has filed the complaint. On

the basis of the complaint, a case has been registered in

Crime No.80/2019.

4. The main contention of the learned counsel for the

petitioners is that the entire allegation made in the
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complaint if they are taken on its face value, they do not

disclose any offence much less the offence alleged as

against the petitioners-accused. It is his further

submission that in order to get divorce a Matrimonial Case

No.1128/2019 came to be filed before the II Additional

Principal Family Judge, Bengaluru and immediately

thereafter as a counter blast, the present complaint has

been filed to take a revenge. It is his further submission

that a complaint has also been filed by accused No.3 as

against the respondent-complainant and the said case has

been registered in NCR No.167/2123/2019.

5. It is his further submission that there is no specific

allegations and the allegations which have been made are

bald allegations. It is his further submission that the

brother-in-law and sister-in-law are separately living and

in order to substantiate the said fact they have produced

the Aadhar Card and other relevant documents. It is his

further submission that only with an intention to harass

and coerce, the present complaint has been filed. It is his
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further submission that continuation of the proceedings

amounts to nothing but abuse of process of law. On these

grounds he prayed to allow the petitions and to quash the

FIR in Crime No.80/2019.

6. Per contra, the learned High Court Government

Pleader vehemently argued and submitted that the

allegations made in the complaint and other material are

not vague and specially as against the petitioner-accused

No.3 that there is serious allegation for having misbehaved

with the complainant. It is his further submission that

petitioner-accused No.1 deliberately used to leave the

complainant and at that time accused No.3 harassed and

even asked for sexual favour. It is his further submission

that accused No.1 has committed mental agony. It is his

further submission that already charge sheet has been

filed and the charge sheet material and other material if

they are perused there is prima facie material as against

the petitioners-accused. It is his further submission that at
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this juncture it is not a fit case to quash the proceedings.

On these grounds he prayed to dismiss the petitions.

7. The submission of the learned counsel for

respondent No.2-complainant that petitioner-accused No.1

and the complainant used to reside together and at that

time there was ill-treatment and harassment caused to the

complainant. It is his further submission that at the time

of marriage and before marriage they have demanded

dowry and the amount has been paid and even said ill-

treatment and harassment of dowry was continued till

complaint has been registered by the complainant. There is

prima facie material as against the petitioner-accused No.1.

There are no good grounds to quash the proceedings. On

these grounds he prayed to dismiss the petitions.

8. I have carefully and cautiously gone through the

submissions made by the learned counsels appearing for

the parties and perused the records.

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9. On perusal of the records and on the basis of the

submission it indicates that even though the stay order

has been granted by this Court, already Investigating

Officer has investigated the case and filed the charge sheet

as against the petitioners-accused. Even on close reading

of the contents of the complaint and other material, it

indicates that there is prima facie material as against the

petitioners-accused. At this juncture, without expressing

anything on merits of the case, I am of the considered

opinion that when already charge sheet has been filed and

there will be chance of the petitioners-accused to file an

appropriate application for discharge and the trial Court

can consider the material and if there is no material as

against the petitioners-accused to frame the charge, then

under such circumstance the Court below can discharge

the accused. At this stage it is not a fit case to exercise the

power under Section 482 of Cr.P.C. to quash the

proceedings.

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10. In that light, the petitions suffers with merits and

as such the same are liable to be dismissed and

accordingly they are dismissed.

IA Nos.2/2019, 1/2019 and 2/2019 does not survive

for consideration and the same is accordingly disposed of.

Sd/-

JUDGE
*AP/-

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