SRI LOKESH v. STATE OF KARNATAKA

SRI LOKESH S/O LATE HUCHAPPA AGED ABOUT 39YEARS RAMESH V. H., S/O LATE HUCHAPPA AGED ABOUT 36 YEARS SMT. KOMALAMMA W/O LATE HUCHAPPA AGED ABOUT 68 YEARS PETITIONERS NO.1 TO 3 ARE R/AT NO 571/3 NEAR KEB OFFICE POST OFFICE ROAD SARASWATHINAGAR THALAGHATTAPURA KANAKAPURA ROAD BENGALURU – 560 068 (BY SRI. SHIVANANDA REDDY R. V., ADVOCATE) …PETITIONERS AND:

STATE OF KARNATAKA BY PUTTENAHALLI POLICE STATION REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:27669 CRL.P No. 10046 of 2025 HC-KAR

SMT. SHIVAMMA W/O LATE NAGARAJU M., AGED ABOUT 53 YEARS R/AT NO 37, NANJAPPA LAYOUT JARANGANAHALLI, J.P. NAGAR 6TH PHASE, BENGALURU – 560 078 (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. CHIKKANNA Y.R., ADVOCATE FOR R2) …RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ENTIRE PROCEEDINGS IN S.C NO.1966/2022 ON THE FILE OF THE HONBLE 71ST ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-72) IN CR.NO.13/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 306 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following relief:-

(a) Call for Trial Court records in S.C.No.1966/2022, on the file of the Hon’ble 71st Addl. City Civil and Sessions Judge, Bengaluru (CCH-72) in Crime No.13/2022 for the offence punishable under Sections 498-A, 306 of IPC. (b) Quash the entire proceedings in S.C.No.1966/2022, on the file of the Hon’ble 71st Addl. City Civil and Sessions Judge, Bengaluru (CCH-72) in Crime No.13/2022 for the offence punishable under Sections 498-A, 306 of IPC. - 3 - NC: 2025:KHC:27669 CRL.P No. 10046 of 2025 HC-KAR (c) Pass any such order/s as deems fit by this Hon’ble Court in the facts and circumstances of the case, to meet the ends of justice.

2. Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for 2nd respondent – complainant have filed a I.A.No.1/2025 duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.

3. Petitioners – accused Nos.1 to 3, respondent No.2 and their counsel are physically present before the Court and they admit the contents of I.A.No.1/2025, which reads as under:- "APPLICATION UNDER SECTION 320(2) & 320(8) R/W SECTION 482 OF CR.P.C. The Petitioners and respondent No.2 above named begs to submit as follows:

The memorandum of criminal petition may be read as part and parcel of this application to avoid the repetition.

2. It is submits that, the second respondent lodged complaint before the Puttenahalli police. The Puttenahalli police have registered case in Crime No.13/2022 dated: 19.01.2022 for the offence punishable under Section 498-A, 306 R/w 34 of - 4 - NC: 2025:KHC:27669 CRL.P No. 10046 of 2025 HC-KAR IPC and investigate the matter and filed the charge sheet. The same is pending before the Hon’ble Sessions court for argument before charge.

3. It is submitted that, the 1st petitioner married with deceased Mamathasri on 01.06.2013 and they are blessed two children viz., Yashas Gowda and Druthi Gowda. The deceased Mamathasri was was suffering Covid-19, the Mamathasri was admitted in Sairam Private Hospital on

09.01.2022 and thereafter, she has shifted for better treatment the Bowring hospital on

13.01.2022 and she was died on 19.01.2022.

It is submits that, the petitioners and respondent No.2 are jointly performed her funeral function and obsequies, thereafter, the 1st respondent has arrest the 1st petitioner and subsequently enlarged on bail. The matter pending for arguments before charge.

It is submits that, the 1st petitioner having two children and they are studying, the 1st petitioner being a father and he is take care of all their needs along with welfare and wellbeing. The respondent No.2, children and petitioners family members are cordially living. The dispute between within the family members. - 5 - NC: 2025:KHC:27669 CRL.P No. 10046 of 2025 HC-KAR

It is submits that, the 2nd respondent and petitioners are amicably resolved their dispute, the petitioners/accused were not involved in the harassing the deceased soon before her death and the complaint was filed the inadvertently in the interest of maintaining cordial relationship with respondent No.2/complainant as agreed withdraw all the allegations and has no objection to quash the entire proceedings.

It is submits that, the petitioners and respondent No.2 are settled the dispute at the intervention of well-wishers, family friends of the both families and friends elders of both the families.

It is submits, that, the 2nd respondent has agreed and no objection to quash the proceedings against the petitioners in crime No.13/2022, in S.C.No.1966/2022 pending on the file of the 71st Addl. City Civil Judge (CCH-72), Bengaluru.

It is submits that, if the application is not allowed by this Hon’ble Court the parties will be put to great hardship and injury. On the other hand no hardship will be caused. WHEREFORE, the Petitioners and respondent No.2 above named pray that this Hon’ble Court be pleased to allow the application and quash the entire proceedings against petitioners - 6 - NC: 2025:KHC:27669 CRL.P No. 10046 of 2025 HC-KAR S.C.No.1966/2022, on the file of the Hon’ble 71st Addl. City Civil and Sessions Judge, Bengaluru (CCH-72) in Crime No.13/2022 for the offence punishable under Sections 498-A, 306 of IPC, in the interest of justice. Verifying Affidavit of Petitioner No.1 I, LOKESH, S/o.Late. Huchappa, aged about 39 years, Κ.Ε.Β. Office Road, No.571/3, Near Office, Post Saraswathinagar, Thalaghattapura, Kanakapura Bengaluru-560068 today at Bengaluru do hereby solemnly affirm and state on oath as follows: Road,

1. I state that, I am the Petitioner No.1, 2nd petitioner is my brother and 3rd patient is my mother. I know the facts and circumstances of the case. They have authorised me to swear this affidavit. Hence, I am swearing to this affidavit myself and also on behalf of other petitioners.

2. I state that, the averments made in the accompanying application in paras 1 to 9 are true and correct to the best of my knowledge.

3. I state that, what is stated above are true and correct to the best of my knowledge, information and belief. I undersigned deposed that contents of affidavit and application are true, this is my name and signature. - 7 - NC: 2025:KHC:27669 CRL.P No. 10046 of 2025 HC-KAR Verifying Affidavit of respondent No.2 I, Shivamma, W/o.Late. Nagaraju.M, Aged about 53 years, R/at No.37, Nanjappa Layout, Jaraganahalli, J.P. Nagar, 6th phase, Bengaluru, today at Bengaluru do hereby solemnly affirm and state on oath as follows:

1. I state that, I am the Respondent No.2 (Complainant) in the above case. I know the facts and circumstances of the case. Hence, I am swearing to this affidavit.

2. I state that, the averments made accompanying application in paras 1 to 9 are true and correct to the best of my knowledge.

3. I state that, what is stated above are true and correct to the best of my knowledge, information and belief. I undersigned deposed that contents of affidavit and application are true, this is my name and signature.”