IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE G.NARENDAR WRIT PETITION NO.25144 OF 2019 (GM – RES) AND WRIT PETITION NO.27022 OF 2019 Between:
1. Shri. Arun Kumar, S/o late Shri.Krishnamurthy, Aged about 39 years, No.13, 2nd ‘A’ Cross, Basavasamithi Layout, Thindlu, Vidyaranyapura, Bengaluru – 560 097.
2. Smt.Kamalamma, W/o late Shri.Krishnamurthy, Aged about 68 years, No.13, 2nd ‘A’ Cross, Basavasamithi Layout, Thindlu, Vidyaranyapura, Bengaluru – 560 097.
(By Sri.Shyam Sundar M.S., Advocate) And:
1. The State of Karnataka By Vidyaranyapura Police Station, Represented by S.P.P., ...Petitioners High Court of Karnataka, Bangalore – 560 001.
2. Shri. Yellappa Poojar S/o Shri. Gundappa Poojar, Residing at Malebennuru Village, Basaveshwara Layout, Harihara Taluk Davanagere – 577 601 (By Smt.K.P.Yashodha, HCGP for R1) …Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to quash the charge sheet C.C.No.8990/2015 in Crime No.379/2014 for the offence P/U/S 498A, 304B, 420 read with 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act (vide Annexure – D), pending on the file of IV Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bangalore City against the petitioners herein and etc., These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent No.1.
2. The petitioners are the husband and mother- in-law of one Savitha Poojar, the wife of petitioner No.1.
That the marriage of petitioner No.1 and Savitha Poojar was performed on 09.11.2012 and that out of the marriage, petitioner No.1 and deceased begot a girl child on 25.08.2013 and it is alleged that on 25.11.2014, the said Savitha Poojar, the daughter of the de-facto complainant committed suicide. After investigation, respondent No.1 – Police have lodged chargesheet prima facie alleging that the death occurred on account of the harassment meted out at the hands of the petitioners and charge under Sections 498A, 304B, 420 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act has been lodged against the petitioners.
3. Learned counsel for the petitioners after arguing the matter for some time would pray the Court to permit the petitioners to withdraw the petitions with liberty to approach the trial Court, by way of application for discharge.
4. The submission of the learned counsel is placed on record.
Accordingly, the petitions are dismissed as withdrawn with liberty to the petitioners to move the trial Court for discharge, if permissible under the law.
Sd/- JUDGE dn/-