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Sri Siddabasavaiah vs State By Halaguru Police on 3 January, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03RD DAY OF JANUARY 2019

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.2485 OF 2016

BETWEEN:

1. SRI SIDDABASAVAIAH
AGED ABOUT 50 YEARS
S/O.LATE. SIDDABASAVAIAH,
R/AT NO.131/A, 3RD CROSS,
SRIRANGANAGAR,
BSK III STAGE,
BENGALURU-560085.

2. SMT PUTTASIDDAMMA @ LAKSHMI
AGED ABOUT 32 YEARS,
W/O.K.NANJUNDAIAH,
R/AT NO.138/2, 3RD CROSS,
SHRIRANGANAGAR,
BSK III STAGE,
BENGALURU-560085.

3. SMT SHIVAMMA
AGED ABOUT 53 YEARS,
W/O.SHIVALINGAIAH,
R/AT HARIHARA BOOVAHALLI VILLAGE,
SATHANUR HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT.
… PETITIONERS

(BY SRI: K ABHINAV ANAND, ADVOCATE)
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AND:

1. STATE BY HALAGURU POLICE
REPRESENTD BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BENGALURU-560001.

2. SRI. LINGAIAH
S/O LATE. SOMAIAH,
AGED ABOUT 69 YEARS,
R/AT NO.1417, 1ST BLOCK,
SIR M.VISHWESHWARAIAH LAYOUT
KENGERI SATELLITE TOWN
BENGALURU-560060.
… RESPONDENTS

(BY SRI: NASRULLA KHAN, HCGP FOR R1)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE CHARGE SHEET FILED BY THE RESPONDENT-HALAGURU
P.S., MALAVALLI TALUK, MANDYA DISTRICT AGAINST THE
PETITIONERS-ACCUSED NO.4,5,8 IN C.C.NO.1248/2013
PENDING ON THE FILE OF PRL. CIVIL JUDGE (Jr.Dn) AND JMFC,
MALAVALLI.

THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

Petitioners are accused Nos.4, 5 and 8 in Crime

No.118/2013 of Halagur Police Station. The said case is

registered based on the complaint lodged by the second
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respondent herein alleging that his daughter (wife of accused

No.1) was ill-treated and harassed in the matrimonial home by

her husband and other accused. It was also alleged that, at the

time of marriage, accused Nos.1, 2 and 3 had demanded and

received dowry from the complainant and thereafter, his

daughter was harassed and ill-treated making additional demand

for dowry. There are also allegations that between 13.06.2012

and 15.06.2012, accused Nos.1 and 2 came to the bedroom of

his daughter and when she questioned them, they abused and

threatened her.

2. After investigation, charge-sheet is laid against eight

accused persons. The only allegation made against the present

petitioners is that on 18.05.2012, after the Aashada Masa, when

the complainant’s daughter went to the house of accused No.1,

accused Nos.2, 3, 5 and 8 abused her, asking her as to how dare

she came to the house of accused No.1 and asked her to walk

away from the house. Except the said allegation, I do not find

any other allegations in the entire charge-sheet making out the

offences either under section 498A, 504, 506 read with section
4

149 Indian Penal Code or under sections 3 and 4 of Dowry

Prohibition Act insofar as the present petitioners are concerned.

3. The above allegations, even if accepted as true, do

not satisfy the ingredients of any of the above offences. That

apart, except the interested testimony of the complainant’s

daughter namely CW.2, no other supporting material is available

on record to show that on the said date, the petitioners herein

namely accused Nos.4, 5 and 8 were present in the house.

Petitioners have taken up a specific plea that the petitioners are

married persons and have been residing separately since more

than 25 to 30 years and they had no intention or motive

whatsoever either to threaten the petitioners or to commit any

of the above offence. Having regard to the manner in which

omnibus and general allegations are made against the

petitioners implicating them in the alleged offence would indicate

that the complainant has roped in the entire family members of

accused No.1 out of spite and ill-will on account of matrimonial

differences of his daughter with accused No.1 and her in-laws.

In any case, the allegations made against the petitioners, apart
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from being frivolous and baseless, do not make out any of the

offences alleged in the FIR. Therefore, in my view, the

prosecution of the petitioners for the alleged offences is a sheer

abuse of the process of court and in the said circumstance if

these proceedings are allowed to continue, it would defeat the

ends of justice insofar as petitioners are concerned.

For all these reasons, petition is allowed. The

proceedings initiated against the petitioners, presently pending

on the file of the learned Principal Civil Judge (Junior Division)

and JMFC at Malavalli, Mandya district, in C.C.No.1248/2013

insofar as the petitioners herein namely accused Nos.4, 5 and 8

are concerned, are hereby quashed.

In view of the disposal of the petition, I.A.No.1/2016 does

not survive for consideration and the same is also disposed of.

Sd/-

JUDGE

Bss

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