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Judgments of Supreme Court of India and High Courts

The State By vs Basavarajappa on 18 January, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF JANUARY 2019

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.6665 OF 2016

BETWEEN:

THE STATE BY
BHARAMANAGAR POLICE STATION,
CHITRADURGA DISTRICT.
REPRESENTED BY STATE PUBLIC PROSECUTOR
BENGALURU 577501.
… PETITIONER

(By SRI: I.S.PRAMOD CHANDRA, SPP-II)

AND:

1. BASAVARAJAPPA
S/O HANUMANTHAPPA
AGE 35 YEARS,
AGRICULTURIST
R/O BAHADDURGHATTA VILLAGE,
CHITRADURGA TALUK. 577501.

2. KARIBASAMMA
W/O SIDDALINGAPPA,
AGE 39 YEARS,
R/AT YAMMANA BETURU
DAVANAGERE TALUK AND DISTRICT-577002.
… RESPONDENTS
2

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET
ASIDE THE ORDER DATED 13.05.2016 PASSED IN
C.C.NO.1709/2009 ON THE FILE OF II ADDL. CIVIL JUDGE AND
JMFC, CHITRADURGA THEREBY REJECTING THE PETITION FILED
BY THE PROSECUTION UNDER SECTION 323 OF CR.P.C. AND
ALLOW THE ABOVE CRIMINAL PETITION FILED BY THE
PROSECUTION UNDER SECTION 323 OF CR.P.C. TO COMMIT
THE CASE TO THE SESSIONS COURT.

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

ORDER

Heard learned SPP-II for the petitioner-State. Perused the

petition.

The State has filed this petition under Section 482 Cr.P.C.

seeking to set-aside the order dated 13.05.2016 passed by the

II Addl. Civil Judge and JMFC, Chitradurga in C.C.No.1709/2009.

2. Bharamasagar Police submitted a charge sheet before

the trial court against respondent Nos.1 and 2 for the offences

punishable under section 498A r/w 34 of Indian Penal Code and

Sections 3, 4 and 6 of Dowry Prohibition Act. During the

pendency of the said proceedings, the prosecution moved an
3

application under Section 323 Cr.P.C. to commit the case for trial

by the Sessions Judge on the ground that the allegations made

in the charge sheet constitute an offence under section 304B

Indian Penal Code. In the petition, it is stated that the deceased

died within seven years from the date of her marriage and there

are also allegations of dowry death and hence sufficient material

is available on record to frame a charge under section 304B

Indian Penal Code. However, referring to the very application

filed by the prosecution, wherein it is stated that the deceased

died on account of cough, cold and fever and relying on the

medical opinion with regard to the cause of death, the learned

Magistrate has held that the deceased met with a natural death

and therefore essential ingredient of Section 304B Indian Penal

Code are not made out by the prosecution and has consequently

dismissed the application.

3. The prosecution has urged the very same contentions

before this Court. Learned SPP-II would contend that death

having been taken place within seven years from the date of her

marriage and in the wake of clear allegations that the deceased
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was subjected to cruelty in connection with dowry demand, the

respondents are liable for prosecution under Section 304B of

Indian Penal Code.

4. Having regard to the material placed on record and in

view of specific provision contained in Section 304B of Indian

Penal Code, I do not find any justifiable reason to interfere with

the impugned order passed by the learned Magistrate. Section

304-B deals with ‘dowry death’. The Section provides that

‘Where the death of a woman is caused by any burns or bodily

injury or occurs otherwise than under normal circumstances

within seven years of her marriage and it is shown that soon

before her death she was subjected to cruelty or harassment by

her husband or any relative of her husband for, or in connection

with, any demand for dowry, such death shall be called ‘dowry

death’, and such husband or relative shall be deemed to have

caused her death.’

5. In the instant case, going by the case of the

prosecution, deceased did not die either on account of burns or

bodily injuries nor there is any material to suggest that she died
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under unnatural circumstances. The medical report as well as

evidence collected by the investigating agency indicate that the

deceased died a natural death. The cause of death as per the

prosecution is ‘due to cough, cold and fever’. In order to

constitute the offence punishable under section 304-B Indian

Penal Code, the death of a woman should have been caused

under unnatural circumstances. In the absence of this essential

element, the trial court was justified in rejecting the application.

I do not find any error or infirmity in the impugned order

warranting interference by this Court in exercise of jurisdiction

under Section 482 Cr.P.C. The prosecution has failed to make

out any ground for admission of the petition.

Accordingly, the petition is dismissed at the admission

stage.

Sd/-

JUDGE

*mn/-

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