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Sri. Kumaraswamy E. Hiremath vs The State Represented on 11 July, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.9133/2016

BETWEEN:

1. Sri.Kumaraswamy E Hiremath,
S/o Late Eshhwara Devaru,
Aged about 36 years,
R/at No.61/1,
“Maithri Nilaya”,
59th ‘A’ Cross, 4th ‘N’ Block,
Rajajinagar, Bangalore-10.

2. Smt.Geetha,
W/o Nagabhushan,
Aged about 58 years,
R/at Rajath Nilaya, No.361,
1st Cross, 10th Main,
Sampige layout,
Bangalore-79.

3. Bindu @ Ambika,
D/o Manjunath.G,
Aged about 20 years,
R/at No.1463/21,
Sri.Rajitha Nilaya,
14th Cross, Anjaneya Layout,
Davanagere-577 004.
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4. Sri.Rajath,
S/o Nagabhushan,
Aged about 30 years,
R/at Rajath Nilaya, No.361,
1st Cross, 10th Main,
Sampige Layout,
Bangalore-79.
…Petitioners
(By Sri Lokesh M.Y., Adv.,)

AND:

1. The State Represented
By the Station House Officer,
Basawanagudi Woman Police Station
Bangalore-78.

2. Smt.Asha E.U.,
W/o Kumaraswamy E Hiremath,
Aged about 29 years,
R/at No.40, 6th main, 1st Stage,
West of Chord Road,
Bangalore-10.
…Respondents
(By Sri.Chethan Desai-HCGP for R1
By Sri. J.S.Halashetti for R2)

This Criminal Petition filed under Section 482 of
Cr.P.C. praying to quash the entire proceeding s in PCR
No.1037/2016, Crime No.5/2016 now pending as
CC.No.20452/2016 for the offences punishable under
Section 497A read with Section 34 of IPC at Annexure-C
pending before the II Additional Chief Metropolitan
Magistrate at Bangalore against them.

This Criminal Petition coming on for admission this
day, the Court made the following:
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ORDER

Heard the learned counsel for the petitioners and

learned counsel for respondent No.2

2. The respondent No.2 has filed a private

complaint in PCR No.1037/2016 and after reference for

investigation under Section 156(3) Cr.P.C. The respondent

police have a case. in Crime No.5/2016 against the

petitioners for the offences punishable under Section 498A

read with Section 34 of IPC.

3. The brief factual matrix of the case are that, the

respondent No.2 is none other than the wife of the

petitioner No.1. It is alleged in the private complaint that,

all the accused persons ill-treated and harassed the

complainant and thereby made her life miserable.

Particularly it is alleged that on the influence and unfair ill

advice of the petitioner Nos. 2 to 4, the petitioner No.1 was
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treating the complainant in cruel manner physically and

mentally.

4. On the basis of the above said complaint, the

learned Magistrate has referred the matter for investigation

to jurisdictional police. After investigation, the charge sheet

has been filed. I do not want to express any opinion so far

as the petitioner Nos. 1, 2 and 4 are concerned, because

here and there in the complaint there are certain and

specific allegations made against them with regard to ill-

treatment and harassment. Even in the further statement

also some specific allegations are made against them.

Whether those allegations are sufficient to proceed to frame

charges and put the petitioner Nos.1, 2 and 4 on trial has

to be examined by the trial Court while considering the

materials at the time of hearing before framing of charges.

5. However, on careful perusal of the entire

chargesheet, there are no certain and specific allegations so

far as petitioner No.3 is concerned i.e. Bindu @ Ambika
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who is cited as accused No.3 in the chargesheet. Even on

careful perusal of the complaint averments, the allegations

are that, she has also joined hands with the petitioner Nos.

2 and 4 to instigate the petitioner No.1 to ill-treat and

harass the complainant. But, when there are specific

allegations are made against petitioner Nos. 2 and 4, but in

a casual manner the name of the petitioner No.3 has been

added. In my opinion such allegations cannot held to be

supported by any other material on record. Even a further

statement of the complainant also do not disclose any

specific over-tact so far as petitioner No.3 is concerned. It is

only the allegation that she joined hands with the other

petitioners and on the ill-advice of the petitioner Nos. 2 to

4, the petitioner No.1 was ill-treating and harassing the

complainant. Therefore, in my opinion, when out of three

persons, there are allegations against two persons i.e.,

petitioners 2 and 4 but no such allegations against

petitioner No.3 but only casual remark has been made.

Therefore it appears that, her name has been included in
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the complaint along with other accused persons on

suspicion that said petitioner No.3 may be given in

marriage to the petitioner No.1. In my opinion such a vague

allegations in the complaint and are in the further

statement of the complaint is not sufficient to hold that an

offence under Section 498A is constituted so far as

Petitioner No.3 is concerned.

6. Under the above said circumstances, I am of the

opinion that, the petition deserves to be partly allowed so

far as petitioner No.3 is concerned and to be dismissed

against other petitioners are concerned. Hence, the

following;

ORDER

i) Petition is partly allowed.

ii) All the proceedings in CC.No.20452/2016

for the offences punishable under Section

498A on the file of II Additional Chief

Metropolitan Magistrate at Bangalore is
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quashed so far as petitioner No.3 (accused

No.3) Bindu @ Ambika is concerned.

iii) The petition is dismissed so far as other

petitioners are concerned. However, they

are at liberty to approach the trial Court for

their discharge by making necessary

application, in that event, the Trial Court

has to consider the application in

accordance with law;

Sd/-

JUDGE

SB/-

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