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Shri Porangada Ponnappa vs The State Of Karnataka By on 27 March, 2017

                               1




        IN THE HIGH COURT OF KARNATAKA AT
                     BENGALURU

       DATED THIS THE 27TH DAY OF MARCH 2017

                            BEFORE

     THE HON'BLE MR. JUSTICE ANAND BYRAREDDY

           CRIMINAL PETITION No.9350 OF 2016

BETWEEN:

Shri. Porangada Ponnappa,
Aged about 38 years,
S/o. P.C.Belliappa,
Resident of Ranipet
Madikeri - 571 201.
                                        ...PETITIONER

(By Shri M.R.C.Manohar, Advocate)


AND:

1.     The State of Karnataka by
       Gonikoppa Police Station,
       Kodagu,
       Represented by State Public Prosecutor,
       High Court Complex,
       Bengaluru - 560 001.

2.     Smt. K.Jhothsna,
       D/o. Karumbaiah,
                                  2




         R/o. Kaikeri Village,
         Gonikoppa,
         Kodagu - 571 213.
                                             ...RESPONDENTS

(By Shri Vijayakumar Majage, Additional State
Public Prosecutor for R-1)
                           *****

      This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973, praying to quash the entire
proceedings in C.C.No.866/2015(CR.No.77/2015) registered by
the Gonikoppa Police, Kodagu for the offence punishable
Under Section 498A of IPC and the case is pending on the file
of Civil Judge and JMFC, Ponnampet, Kodagu.

      This Criminal Petition coming on for Admission this day,
the court made the following:

                            ORDER

The petitioner is said to be estranged from his wife –

second respondent. He was in the Merchant Navy and it

transpires that he was posted to work at Syprus and it was an

occasion for the second respondent to visit him along with her

child. It is her accusation that she was ill-treated when the

petitioner was under the influence of alcohol and he had

physically and mentally harassed her. She had later learnt that
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he was having an illicit relationship with another woman whose

husband was incidentally the captain of the ship. The said

captain had committed suicide on account of frustration and had

blamed his wife and the petitioner for his situation. The Delhi

police have also registered a case and investigation is on. It

then transpires that on the basis of a complaint by the second

respondent for an offence punishable under Section 498-A of

the Indian Penal Code, 1860, the petitioner’s passport has been

seized while he was on the high seas and he has now lost his

job and is residing in Coorg and the respondent also is a

resident of Kodagu.

2. In view of the criminal proceedings which are without

any basis, the petitioner is under pressure and therefore seeks

quashing of the proceedings.

3. Since the proceedings have been initiated on the basis

of a complaint by the second respondent, the same would have

to be taken to its logical conclusion. If there is no case at all or
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if there is no foundation laid for the complaint, the petitioner

would be entitled to have a discharge.

In that view of the matter, there is no warrant for this

court to interfere. The petition is rejected.

Sd/-

JUDGE

KS

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