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Smt. Maithra B N vs State Of Karnataka on 26 February, 2024

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Karnataka High Court

Smt. Maithra B N vs State Of Karnataka on 26 February, 2024

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

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NC: 2024:KHC:7887
CRL.P No. 6406 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF FEBRUARY, 2024

BEFORE

THE HON’BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 6406 OF 2023

BETWEEN:

SMT. MAITHRA B.N
S/O BABU V.S
AGED ABOUT 32 YEARS
R/AT PAVANAGANGA NILAYA
MAHALAKSHMI EXTENSION
3RD CROSS, BATAVADI, TUMKURU
TUMKURU DIST – 572 101
ACTUAL ADDRESS
R/AT NO 1600, 40TH CROSS
4TH T BLOCK, JAYANAGAR
BANGALORE – 560 041.
…PETITIONER
(BY SRI CHETAN DESAI, ADV.)
AND:

1. STATE OF KARNATAKA
Digitally signed by BY WOMEN POLICE STATION
NANDINI MS TUMKURU, REPRESENTED BY
Location: HIGH STATE PUBLIC PROSECUTOR
COURT OF
KARNATAKA HIGH COURT BUILDING
BENGALURU – 560 001.

2. SMT. KARUNA V. CHALAPATHI
W/O LOHITH BANDREHALLI
AGED ABOUT 35 YEARS
R/AT VENKATADRI NILAYA
8TH MAIN, MALLESHPALYA
NEW TIPPASANDRA POST
BENGALURU – 560 075.
…RESPONDENTS
(BY SRI R. RANGASWAMY, HCGP FOR R-1;
SMT. RAKSHA KEERTHANA K, ADV., FOR
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NC: 2024:KHC:7887
CRL.P No. 6406 of 2023

SRI KEMPARAJU, ADV., FOR R-2)

THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE
ENTIRE CHARGE SHEET FILED BY THE 1ST RESPONDENT – POLICE IN
SPL.C.NO.276/2021 FOR THE OFFENCE P/U/S 143, 147, 498(a), 323,
324, 354, 504, 506 R/W 149 OF
IPC, SEC. 3, 4 AND 6(2) OF D.P.
ACT AND 3(1)(r), 3(1)(s), 3(1)(w)(i) AND 3(2)(V-a) OF SC AND ST
(POA) ACT, 1989 PENDING ON THE FILE OF HONBLE III ADDL.
DISTRICT AND SESSIONS COURT AT TUMKUR AND CONSEQUENT
PROCEEDINGS PURSUANT THERETO, AS AGAINST THE ACCUSED
PETITIONERS HEREIN.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:

ORDER

1. This petition under Section 482 Cr.PC is filed by accused

no.5 with a prayer to quash the entire proceedings in Spl. Case

No.276/2021 pending before the Court of III Addl. District

Sessions Judge, Tumakuru, arising out of Crime No.34/2018

registered by Women Police Station, Tumakuru, for the

offences punishable under Sections 498A, 323, 420, 147, 417,

354, 379, 504, 506, 143, 146 IPC and Sections 3 4 of the

Dowry Prohibition Act, 1961.

2. Heard the learned Counsel for the parties.

3. Tumakuru Women Police Station, Tumakuru, have

registered FIR in Crime No.34/2018 for the offences punishable

under Sections 498A, 323, 420, 147, 417, 354, 379, 504, 506,
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NC: 2024:KHC:7887
CRL.P No. 6406 of 2023

143, 146 IPC and Sections 3 4 of the Dowry Prohibition Act,

1961 against six persons on the complaint of respondent no.2

herein. Petitioner herein is arrayed as accused no.5 in the FIR.

After investigation, charge sheet was initially filed for the

offences punishable under Sections 498A, 324, 353, 504, 506,

143, 147, 149 IPC and Sections 3, 4 6 of the Dowry

Prohibition Act, 1961. Subsequently, a supplementary charge

sheet was filed invoking the offences punishable under the

provisions of the SC/ST (Prevention of Attrocities) Act, 1989.

Being aggrieved by the same, the petitioner who is arrayed as

accused no.5 in the charge sheet is before this Court.

4. Learned Counsel for the petitioner submits that the

petitioner is the married sister of accused no.1 who is the

husband of the complainant. She is residing with her husband

at Bengaluru and she has been falsely implicated only for the

reason that she is the close relative of the complainant’s

husband. He submits that the complainant and accused no.1

were residing in America after marriage and after returning

from America, the complainant has filed a false complaint

implicating all the relatives of accused no.1. Accordingly, he

prays to allow the petition.

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NC: 2024:KHC:7887
CRL.P No. 6406 of 2023

5. Per contra, learned Counsel for respondent no.2 has

opposed the petition. She submits that there are specific

allegations against the petitioner in the charge sheet as well as

in the statement of the complainant recorded under Section

164 Cr.PC by the jurisdictional Magistrate. She submits that the

wound certificate of the complainant and her relatives would go

to show that they were all assaulted by the accused persons

including the petitioner herein. Accordingly, she prays to

dismiss the petition.

6. Learned HCGP has also supported the arguments of the

learned Counsel for respondent no.2 and prays to dismiss the

petition.

7. The material on record would go to show that the

marriage of the complainant with accused no.1 was solemnized

on 05.11.2017. Thereafter, the couple had lived as husband

and wife in America where accused no.1 is working. It appears

that the relationship of the complainant with accused no.1 got

strained in America and they had fought against each other. It

is in this background, the complainant had returned to India in

the month of April 2018. According to the complainant,
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NC: 2024:KHC:7887
CRL.P No. 6406 of 2023

subsequent to her return, she had gone to her in-laws house

for the purpose of getting back her belongings which she had

left in her in-laws house while traveling to America. It is

averred in the complaint that the accused persons named in the

complaint had abused and assaulted the complainant and her

family members on 13.04.2018 when the complainant and her

family members had gone to her in-laws house to bring back

her belongings. Though the alleged incident had taken place on

13.04.2018, the complaint is belatedly lodged on 16.04.2018 at

about 14.30 hours.

8. A perusal of the complaint which is available on record

would go to show that it is a typed complaint and it is dated

13.04.2018. There is no proper explanation for delay of three

days in lodging the typed complaint which was kept ready by

the complainant. The wound certificate of the complainant and

her family members who were allegedly assaulted by the

accused persons on 13.04.2018 is also available on record.

Complainant and her relatives have all suffered only simple

injuries in the incident in question. In the wound certificate of

the complainant, there is an alteration with regard to the date

of incident. In normal circumstances, in the wound certificate,
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NC: 2024:KHC:7887
CRL.P No. 6406 of 2023

name of all the accused persons who allegedly assaulted the

victim will not be mentioned. However, in the wound

certificates which are belatedly obtained in this case by the

prosecution, the name of all the accused is mentioned.

9. Petitioner has raised a contention that she is a married

lady residing with her husband at Bengaluru. She has produced

her Aadhaar card in support of her contention. The said

Aadhaar card is issued in the year 2011 and from the perusal of

the same, it is very clear that petitioner is married and she is

residing in Bengaluru.

10. From a reading of the complaint dated 13.04.2018 which

was lodged on 16.04.2018, it is seen that omnibus allegations

are made against the petitioner. Further, no allegation is made

in the original complaint which would attract the offences

punishable under the provisions of the SC/ST (Prevention of

Attrocities) Act, 1989. Therefore, the initial charge sheet was

filed only for the offences punishable under the provisions of

the Indian Penal Court and Dowry Prohibition Act. It is only

based on the subsequent statement made by the complainant,

a supplementary charge sheet was filed invoking the provisions
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NC: 2024:KHC:7887
CRL.P No. 6406 of 2023

of SC/ST (Prevention of Attrocities) Act, 1989. Under the

circumstances, I am of the opinion that the prayer made by the

petitioner in the present petition is required to be allowed.

Accordingly, the following order:

11. Petition is allowed. The entire proceedings in Spl. Case

No.276/2021 pending before the Court of III Addl. District

Sessions Judge, Tumakuru, arising out of Crime No.34/2018

registered by Women Police Station, Tumakuru, for the

offences punishable under Sections 498A, 323, 420, 147, 417,

354, 379, 504, 506, 143, 146 IPC and Sections 3 4 of the

Dowry Prohibition Act, 1961, in so far as it relates to the

petitioner is hereby quashed.

Sd/-

JUDGE

KK

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