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Crl.P.2411/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY 2021
BEFORE
THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY
CRIMINAL PETITION No.2411 OF 2021
BETWEEN:
1. SRI MANJUNATH. B.K.
S/O NAGAPPA. B.K.,
AGED ABOUT 60 YEARS,
RESIDING AT: BENNEHALLI VILLAGE,
HARAPPANAHALLI TALUK,
DAVANAGERE – 583127.
2. SMT. NILAMMA. B.K.
W/O MANJUNATH. B.K.,
AGED ABOUT 53 YEARS,
RESIDING AT: BENNEHALLI VILLAGE,
HARAPPANAHALLI TALUK,
DAVANAGERE – 583127.
3. SRI RAJU. B.K.
S/O MANJUNATH,
AGED ABOUT 33 YEARS,
RESIDING AT: BENNEHALLI VILLAGE,
HARAPPANAHALLI TALUK,
DAVANAGERE – 583127.
4. SMT. DEEPA
W/O SHIVAKUMAR,
AGED ABOUT 40 YEARS,
RESIDING AT: ITTIGI ROAD, MYDUR,
DAVANAGERE – 583127.
Crl.P.2411/2021
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5. SRI SHIVAKUMAR
S/O KARIAPPA,
AGED ABOUT 46 YEARS,
RESIDING AT: ITTIGI ROAD, MYDUR,
DAVANAGERE – 583127. … PETITIONERS
(BY SRI NITHIN. R., ADV.)
AND:
1. THE STATE OF KARNATAKA,
BY: SURYANAGAR POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
BANGALORE DISTRICT,
HIGH COURT BUILDINGS,
BENGALURU – 560009.
2. SMT. SAHANA
W/O NAVEEN B.K.
AGED ABOUT 30 YEARS,
RESIDING AT NO.99,
SILICON SUN CITY LAYOUT,
HELALIGE VILLAGE,
ATTIBELE HOBLI,
ANEKAL TALUK,
BANGALORE – 560099. … RESPONDENTS
(BY SRI R.D.RENUKARADHYA, HCGP FOR R1;
SRI SUNIL JAMAKHANDI, ADV. FOR R2 [ABSENT])
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.8/2021
REGISTERED AGAINST THE PETITIONERS HEREIN FOR THE
OFFENCES P/U/S 498A, 307, 114, 504, 506, 149 OF IPC PENDING
ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (JR. DN.) AND
JMFC, ANEKAL, BANGALORE RURAL DISTRICT, BANGALORE AT
ANNEXURE-A.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
Crl.P.2411/2021
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ORDER
The petitioners, who are accused Nos.2 to 6 in
Crime No.08/2021 registered by the Suryanagar Police
Station, Anekal, Bengaluru Rural District, for the offences
punishable under Sections 498A, 307, 114, 504, 506 read
with Section 149 of IPC which is now pending on the file
of II Additional Civil Judge (Jr.Dn.) and J.M.F.C., Anekal,
Bangalore Rural District, have approached this court with
a prayer to quash the entire proceedings in the said case
as against them.
2. Brief facts of the case that would be relevant for
the purpose of disposal of this petition are:
The second respondent-complainant had
approached the Suryanagar Police Station on 13.01.2021
and lodged a complaint contending that her marriage
with the first accused was solemnized on 12.05.2014 and
at the time of marriage, as per the demand of the accused
persons, her parents had paid cash with gold ornaments,
Crl.P.2411/2021
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silver ornaments and other valuables and also the
marriage expenses were met by them. However, after
some time, her husband started troubling her and he
started demanding dowry. She has stated in her
complaint that after marriage she started residing in a
rented house at Chandapura in Anekal, Bangalore Rural
District along with her husband. She has stated that
with regard to the ill-treatment meted out on her by her
husband, she had complained to her in-laws, but they
have not advised him and on the other hand, they have
supported him. She has stated that her husband was
consuming alcohol and used to abuse and assault her
and also threaten her with dire consequence to her life.
She has also stated that her husband had failed to
maintain her and her child and also did not provide the
basic amenities, which were required to lead a decent life.
She has also stated that in addition to torturing her
physically and mentally, her husband has also sexually
Crl.P.2411/2021
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tortured her. It is also stated in the complaint that at the
instance of the in-laws, her husband had tried “black
magic” on the complainant with an intention to cause
mental and physical torture to her. It is further stated
that her husband has taken her minor son away from her
without her permission and subsequently he has also
assaulted her causing injuries. On 07.01.2021 her
husband abused her and also tried to kill her by
throttling her neck. However, she escaped from his
clutches and reached her relatives house and
thereafterwards called her parents. On the basis of this
complaint, FIR in Crime No.08/2021 was registered by
the Suryanagar Police against the petitioners and the first
accused-husband.
3. Learned counsel for the petitioners submits that
admittedly the first accused and the complainant were
residing at Chandapura in Anekal taluk, Bengaluru Rural
District. The petitioners-1, 2 and 3 are the residents of
Crl.P.2411/2021
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Harappanahalli Taluk, Davanagere District while
petitioner Nos.4 and 5 are the residents of Hassan
District. He submits that even in the FIR, the address of
the petitioners are shows as residents of Harappanahalli
Taluk and Hassan respectively. He submits that the
petitioners have nothing to do with the marital dispute
between the first accused and the complainant and only
for the reason that they are the close relatives of the
accused No.1, the petitioners have been falsely implicated
in the case. He submits that there are no allegations of
specific overt acts to attract the alleged offences against
the petitioners and the allegations against the petitioners
are all omnibus in nature. He submits that from the
entire reading of the complaint, the only allegation is with
regard to the incident that has taken place on 07.01.2021
and as per the averments made in the complaint,
allegations with regard to the incident that had taken
place on 07.01.2021 is only as against the husband. He
Crl.P.2411/2021
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submits that, petitioner Nos.4 and 5 are Teachers in
Government School at Hassan and pendency of the
criminal case has been causing them untold hardship
and injury.
4. Per contra, learned HCGP opposing the petition
submits that the complainant has made an allegation as
against all the accused persons and investigation is under
progress. Since the case is registered for cognizable
offences, exercising the powers under Section 482 of
Cr.P.C. is unwarranted and he prays to dismiss the
petition.
5. I have carefully considered the rival arguments
and also perused the material available on record.
6. From the averments made in the complaint, it is
very clear that immediately after the marriage, accused
No.1- husband and the complainant were residing
separately in a rented house at Chandapura, Anekal
Crl.P.2411/2021
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Taluk, Bangalore Rural District. Further, the perusal of
the FIR it would go to show that admittedly the petitioner
Nos.1 to 3 herein are the residents of Harappanahalli
Taluk, Davanagere District while petitioner Nos.4 and 5
are the residents of Hassan District. From the reading of
the complaint averments, it is seen that there are no
specific overt acts alleged by the complainant as against
any of the petitioners herein. The allegations against the
petitioners are all omnibus in nature and the only specific
allegation made in the complaint is as against the first
accused-husband.
7. The Hon’ble Supreme Court in the cases of
Tabrez Khan alias Guddu Others -vs- State of Uttar
Pradesh Another1 and Seenivasan -vs- The State by
Inspector of Police and Another2 has held that if
criminal proceedings is initiated against the family
1
(2019)4 SCC 615
2
(2019) 8 SCC 642
Crl.P.2411/2021
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members without there being any specific overt acts
against them, the same cannot be permitted to be
continued. In the absence of specific allegation against
the relatives of the husband and also if there are
necessary materials to show that the said accused
persons are residing separately, the initiation of criminal
proceedings as against them merely for the reason that
they are the near relatives of the husband is bad in law.
The aforesaid judgments squarely apply to the facts of the
case on hand. Even in the present case, there are no
specific averments as against the petitioners herein so as
to attract the alleged offences against them. Further,
admittedly the petitioners are residing separately. The
petitioner Nos.1 to 3 are residing at Harappanahalli
Taluk, Davanagere District, which is at a distance of
about 250 kilometers from Bangalore while the petitioner
Nos.4 and 5 are residing at Hassan District, which is at a
distance of 200 kilometers from Bangalore.
Crl.P.2411/2021
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8. Having regard to these materials available on
record, the complaint averments prima facie do not make
out a case against the petitioners for the alleged offences.
Continuation of the impugned proceedings against the
petitioners only for the reason that they are the near
relatives of the first accused-husband would not only
cause them harship, but it would also amount to abuse of
process of law.
9. Under the circumstances, I am of the opinion
that for the purpose of securing the ends of justice, it is
just and necessary to quash the entire proceedings as
against the petitioners. Accordingly, I proceed to pass the
following;
ORDER
The Criminal Petition is allowed. The entire
proceedings pursuant to the FIR in Crime No.08/2021
registered by the Suryanagar Police Station, Anekal,
Bengaluru Rural District, for the offences punishable
Crl.P.2411/2021
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under Sections 498A, 307, 114, 504, 506 read with
Section 149 of IPC now pending on the file of II Additional
Civil Judge (Jr.Dn.) and J.M.F.C., Anekal, Bangalore
Rural District, insofar it relates to the petitioners, is
hereby quashed.
Sd/-
JUDGE
KNM/-