IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA Criminal Petition No.6811/2015 BETWEEN:
1. SMT.RENUKA W/O LATE BASAVARAJ, AGED 55 YEARS, 2. VIVEK C.B., S/O LATE BASAVARAJ, AGED 30 YEARS, 3. SMT. NEHA W/O VIVEK, AGED 25 YEARS, ALL ARE RESIDING AT RENUKAMBA NILAYA, SRI RENUKAMBA BUILDING, GANDHIBAZAR, SHIMOGA-577 201. …PETITIONERS (BY SRI PRASAD B.S., ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY WOMEN POLICE STATION, KOTE CIRCLE, SHIMOGA-577 201.
2. SMT. SMITHA C., W/O SRI VINAY C.B., RESIDING AT SRI RENUKAMBA XEROX, 2ND FLOOR, SRI RENUKAMBA BUILDING, GANDHIBAZAR, SHIMOGA-577 201.
RESIDENT OF C/O C.B.VINAY, S/O LATE C.BASAVARAJA, R/O C/O SHEKARAPPA, SANTHE KADUR, SHIMOGA TALUK-577 201. ... RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1 SRI P.N.HARISH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET AS AGAINST THE PETITIONERS PENDING ON THE FILE OF JMFC-II, SHIMOGA IN C.C.NO.2146/2014.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed under Section 482 of Cr.P.C., seeking to quash the charge sheet laid against the petitioners for the alleged offences punishable under Sections 498(A), 323 and 506 read with Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Heard the learned counsel for petitioners, learned Additional SPP for respondent No.1 and learned counsel for respondent No.2. Perused the records.
3. The allegation made in the charge sheet and the material produced along with the charge sheet prima facie disclose commission of alleged offences. The allegation made in the charge sheet are sought to be substantiated through material evidence. The trial has already commenced before the trial Court. Hence, I do not find any genuine ground to interfere with the matter.
Accordingly, criminal petition is dismissed.
In view of dismissal of the petition, I.A.No.1/2015 does not survive for consideration and it is also dismissed.
Sd/- JUDGE PB