IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JULY, 2018
BEFORE
THE HON’BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL REVISION PETITION NO.423 OF 2018
BETWEEN:
1. Shakuntala @ Saki Sahu
W/o Jagannath Sahoo
Aged 71 years
2. Jagannath Sahoo
S/o Chitanya Sahoo
Aged 80 years
Both are residing
at Flat No.306
S.K.Residency, 6th Cross
Kasuvanahalli
Sarjapura
Bengaluru – 560 035
Native of Kandabindha via
Gadasila, Dhanakanal District
Odishaa.
… PETITIONERS
(By Sri.Hashmath Pasha, Advocate)
AND:
The State of Karnataka by
Women Police Station
East Zone
2
Bengaluru – 560 040
(Represented by learned
State Public Prosecutor)
…RESPONDENT
(By Sri.S.Vishwamurthy, HCGP)
This Crl.RP is filed under Section 397 r/w 401 Cr.P.C.
praying to set aside the order dated 29.01.2018 passed in
Spl.C.C.No.356/2017 on the file of the L Additional City Civil
and Sessions Judge, Bangalore for the offences under
Section 498A, 376, 354, 506 r/w 34 of IPC and under
Section 5(M)(L) r/w Section 6 of POCSO Act and
consequently discharge them from this case
This Revision Petition coming on for Admission, this
day, the Court made the following:
ORDER
Heard the learned counsel for the petitioners and the
learned HCGP for the State at the time of admission of this
petition.
2. This revision petition has been filed by the
petitioners/accused Nos.2 and 3 against the order passed by
the Court below in Spl.C.C.No.356/2017 dated 29.01.2018 by
rejecting the application filed under Section 227 of Cr.P.C.
3
seeking for discharge of accused Nos.2 and 3 from the alleged
offences.
3. It is stated in this revision petition that the
accused Nos.2 and 3 are aged about 71 and 80 respectively,
and they are the parents of the 1st accused and 1st accused is
said to be the husband of the complainant. That these
accused were not at all connected or having any knowledge
with regard to the commission of alleged offences against the
complainant and her child. The complainant is the daughter-
in-law of these petitioners. A complaint has been lodged
against the accused herein along with accused No.1 before the
concerned police alleging that accused No.1 i.e., husband of
the complainant has harassed and humiliated her. The
statement of daughter of the complainant is nothing but
concocted statement prepared by the complainant. The
medical certificate also does not mention any alleged over tact
attributed against these accused Nos.2 and 3. The medical
certificate relating to daughter of the complainant who is cited
as CW-2, there is no specific allegation made against these
4
accused Nos.2 and 3 relating to direct over tact by the accused
in the history given before the doctor, who is daughter of the
complainant, aged about 9 years. Whereas the statement of
witnesses said to be recorded by the police during the course
of investigation wherein charge sheet laid against the accused
of alleged offence, it does not disclose the over tact
attributable against these accused Nos.2 and 3, who are said
to be in-laws of the complainant. There is no prima facie case
against these accused for framing of charge to proceed with
the case. Whereas the ingredients of the alleged offences
against accused does not constitute to proceed against them
relating to framing of charge on the basis of the material
which were available on record. Whereas the learned counsel
for the petitioners contending that merely because accused
Nos.2 and 3 are arrayed as accused in the charge sheet laid by
the Investigating Officer, it cannot be said that the
proceedings against them for framing of charge or facing of
trial has to be initiated and he further contended that accused
Nos.2 and 3 are innocent and they have not committed any
offences as alleged against them and a false story has been
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cooked up by the complainant and they have been made as
scapegoat. It is further contended that the facts exaggerated
in the complaint by the complainant is to gain the sympathy
of the Court. It is further contended that the case of the
complainant suffers from a number of material infirmities and
there does not exists any prima facie case to prosecute them.
Whereas the Court below has erred in considering all the
materials available on record against these accused Nos.2 and
3 though the number of material infirmities are found place
and prima facie, no case does exists against these accused
Nos.2 and 3 to prosecute against them. On these grounds,
the learned counsel for the petitioners urges that the revision
petition may be allowed by discharging the accused Nos.2 and
3 from the alleged offences.
4. On controverting to the arguments advanced by
the learned counsel for the petitioners, as wherein, the learned
HCGP for the State supporting the impugned order passed by
the trial Court in Spl.C.C.No.356/2017 for having rejected the
application filed under Section 227 Cr.P.C., submits that the
6
Investigating Officer who has laid the charge sheet against the
accused as they being arrayed as accused Nos.2 and 3 said to
be in-laws of the complainant and also being the parents of
the 1st accused as wherein 1st accused who has subjected to
given harassment to the complainant, which is narrated in the
substance of the complaint said to be recorded by the
Investigating Officer, based upon the complaint, crime came to
be registered and the Investigating Officer has laid the charge
sheet against the accused Nos.2 and 3. Therefore, there are
specific allegations levelled against accused nos.2 and 3 and
sought for dismissal of the petition as there is devoid of
merits.
5. Having regard to the contention which has taken
by the learned counsel for the petitioners, it is relevant to
state that the marriage of the complainant was performed with
the 1st accused for about 11 years back. Subsequent to her
marriage with the 1st accused, they led a happy married life
and also given birth to CW-2. But the 1st accused was given
some sort of harassment to the complainant and has been
7
made a sex slave and also lodged a complaint to that effect
before the police, wherein the Investigating officer has laid the
charge sheet against the accused. Whereas from the material
available on record relating to these petitioners, they were
subjected the complainant to get money from disposing her
ancestral property worth Rs.1 Crore and compelled her
daughter to be with them till she gets money. However,
charge sheet laid against the accused Nos.2 and 3 by the
Investigating Officer do consists the statement of witnesses so
also mahazar said to be conducted in the presence of
witnesses. In so far as these petitioners herein it is relevant to
state that the petitioners being arrayed as accused nos.2 and
3, aged about 70 and 81 years respectively and they were
unable to move independently without any assistance.
However, at a cursory glance of the material statements which
has been placed by the learned counsel for the petitioners for
the purpose of perusal as well as seeking for discharge of
these accused Nos.2 and 3 are concerned, it is relevant to
state that CW-1 said to the daughter-in-law and CW-2 said to
be grand daughter of these accused Nos.2 and 3. Merely
8
because the complainant who has filed a complaint against
these petitioners alleging that these accused said to be in
hand in glouse with the 1st accused, who is said to be their
son, at this stage, it cannot be said that there is a strong
prima facie materials against accused Nos.2 and 3 and that
they were also extending harassment. Therefore, at this stage,
it cannot be said that there are strong materials to proceed
against these accused Nos.2 and 3 to frame charges and to
face trial for alleged offences. However it requires
consideration by the Court below on an application filed under
Section 227 of Cr.P.C. for seeking discharge from the alleged
offences, though the trial Court has gone through the
statement of witnesses as well as averments made in the
complaint and so also the documentary evidence which has
been produced by the Investigating Officer, who has laid the
charge sheet against these accused Nos.2 and 3, but the trial
Court without considering the same, rejected the application.
The same has been challenged by urging various grounds in
this petition. Therefore, it is relevant to state, without
expressing any merits of the case as wherein 1st accused
9
requires to face trial for the alleged offence, hence it is said
that there is substance in the contention of the learned
counsel for the petitioners for intervention in the order passed
by the trial Court on an application filed under Section 227
Cr.P.C. in Spl.C.C.No.356/2017 relating to these petitioners
being arrayed as accused Nos.2 and 3. In terms of the
aforesaid reasons this petition requires to be allowed.
6. Therefore, this revision petition is hereby
allowed by setting aside the order passed by the Court below
rejecting the application filed under Section 227 of Cr.P.C.
The accused Nos.2 and 3 are hereby discharged from the
charges levelled against them as laid by the Investigating
officer. As a consequence, the application filed under Section
227 of Cr.P.C. is allowed.
In view of the disposal of the main petition,
I.A.No.1/18 does not survive for consideration.
Sd/-
JUDGE
Prs*