Criminal Petition No. 1379 of 2019 · The High Court
Case Details
- 1 - NC: 2025:KHC:10208 CRL.P No. 1379 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1379 OF 2019 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. JAYARAM S/O GOVINDASHETTY AGED ABOUT 50 YEARS, R/O 15TH CROSS, 1ST MAIN, PREETI NAGAR, LAGGERE, BANGALORE-560 058. 2. PRAKASH S/O JAYARAM, AGED ABOUT 30 YEARS, R/O 15TH CROSS, 1ST MAIN, PREETI NAGAR, LAGGERE, BANGALORE-560 058. 3. PRAVEEN S/O SAMPAT KUMAR AGED ABOUT 25 YEARS, R/O KALAMBURU VILLAGE AND POST, VELLORE DISTRICT-606 903, TAMIL NADU STATE. 4. DINESH S/O SAMPAT KUMAR,
Legal Reasoning
Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10208 CRL.P No. 1379 of 2019 AGED ABOUT 30 YEARS, R/O KALAMBURU VILLAGE AND POST, VELLORE DISTRICT-606 903, TAMIL NADU STATE. 5. HARIVADAGAN S/O SAMPAT KUMAR, AGED ABOUT 27 YEARS, R/O KALAMBURU VILLAGE AND POST, VELLORE DISTRICT-606 903, TAMIL NADU STATE.
Legal Reasoning
(BY SRI. VIRUPAKSHAIAH P H.,ADVOCATE) …PETITIONERS AND: 1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, RAJAGOPAL NAGARA POLICE STATION, BANGALORE-560 058, BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. S PADMA W/O K MAHENDRAN, AGED ABOUT 41 YEARS, R/O NO.16, 7TH CROSS, PREETI NAGARA, LAGGERE, BANGALORE-560 058. (BY MS. ASMA KAUSER, ADDL. SPP FOR R1; R2 IS SERVED) …RESPONDENTS - 3 - NC: 2025:KHC:10208 CRL.P No. 1379 of 2019 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED 28.10.2014 VIDE ANNEXURE-G AND ENTIRE PROCEEDINGS IN C.C.NO.2145/2015 ON THE FILE OF THE VII A.C.M.M., BANGALORE VIDE ANNEXURE-H FOR THE OFFENCES P/U/S 143,147,498A,504,323,354 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the entire proceedings pending against them in C.C.No.2145/2015 on the file of the VII ACMM, Bengaluru, registered for offences punishable 143, 147, 498-A, 504, 323, 354 read with Section 34 of IPC. 2. Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. - 4 - NC: 2025:KHC:10208 CRL.P No. 1379 of 2019 3. Respondent No.2 is served and she is present before the Court. She submits that she has instructed the learned Additional SPP to argue the matter. 4. A case in Crime No.623/2013 was registered at Rajagopalnagar Police Station against the husband and in-laws of the defacto complainant, for offences punishable under Section 498-A, 504, 323, 354 read with Section 34 of IPC. On completion of investigation, police have filed charge sheet wherein, petitioners are shown as accused Nos.4, 5 and 7 to 9 respectively. 5. Defacto complainant has alleged physical and mental torture at the hands of the accused persons. A perusal of the complaint averments goes to show that her marriage with one Mahendran. K. i.e., accused No.1 was performed on 27.06.2002. In their wedlock they have two children. In her matrimonial home, she was subjected to harassment by her mother-in-law and unable to bare the said torture, she was staying separately in a rented house along with her two children. The allegations are that even - 5 - NC: 2025:KHC:10208 CRL.P No. 1379 of 2019 there her husband, mother-in-law as well as her sisters-in- law and other accused persons, who were residing in the neighboring house used to instigate her husband due to which she was being subjected to cruelty. Further allegations are that on 26.11.2013 at about 08:30 p.m., all the accused came to her house, dragged and assaulted her with hands and kicked her etc., 6. Petitioners Nos.1 and 2, arraigned as accused No.5 and 6 are the brothers of accused No.1. Petitioners Nos.3 to 5 arraigned as accused Nos.7 to 9 are not related to him. Admittedly, the petitioners are not residing along with the complainant in her matrimonial home. In the complaint it is alleged that the complainant was harassed physically and mentally by her mother-in-law and therefore, she left the matrimonial home and started living in a rented house. Even there, it is alleged, her husband and mother-in-law were harassing her. Allegations against these petitioners are that they were instigating her husband etc. However, vague and omnibus allegations are - 6 - NC: 2025:KHC:10208 CRL.P No. 1379 of 2019 made against these petitioners that they used to come to the house of the complainant and instigate her husband etc. It is not stated as to when the petitioners have visited the complainant’s house. The specific allegation of assaulting the complainant relates to an incident which took place on 26.11.2013 at about 08:30 p.m. Omnibus allegations are made that the petitioners herein have come near the house of the complainant, dragged and assaulted her etc. The complaint is lodged on 16.12.2013 after 20 days. Though it is stated that on the same day a complaint was lodged with Rajagopal nagar police, no materials are placed on record. 7. The learned Additional SPP has contended that the complainant has taken treatment at Premier Sanjeevini Hospital in Dasarahalli, wherein, certain injuries are noticed on her person. It is therefore, contended that the incident took place on 26.11.2013 is substantiated by the medical document. - 7 - NC: 2025:KHC:10208 CRL.P No. 1379 of 2019 8. I have perused the wound certificate of the complainant at annexure-F. The history mentioned is that she was assaulted by her husband Mahendran. K., Kalavathi and Shanthi. They are the husband and sisters-in-law of the complainant. Names of these petitioners is no where mentioned in the wound certificate. When these persons are specifically named, nothing prevented the complainant to mention the names of the petitioners, if they were either present or assaulted her. Be that as it may, this Court finds that allegations made in the complaint are not sufficient to fulfill the ingredients of the offences alleged against them. 9. Having perused the entire material on record, this Court is of the view that, continuation of Proceedings against petitioners is an abuse of process of law. The Initiation of proceedings and filing of charge sheet against these petitioners are therefore, liable to be quashed. Accordingly, the following: - 8 - NC: 2025:KHC:10208 CRL.P No. 1379 of 2019
Decision
ORDER i) Petition is allowed. ii) Entire proceedings pending in C.C.No.2145/2015 on the file of the 7th ACMM, Bangalore against Petitioners / accused Nos.4, 5 and 7 to 9 (as per charge sheet) are quashed. iii) Proceedings against other accused shall proceed in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 44