IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR W.P.Nos. 30357/2019 & 32167-170/2019 (GM-RES) BETWEEN 1. SRI HARIPRASAD S/O.K.R.REVANNA, AGED ABOUT 23 YEARS, R/A #15/22, 9TH MAIN ROAD, 6TH CROSS, SRINIVASANGARA, BANASHANKARI, BANGALORE-560050 2. SRI VINOD KUMAR S/O.B MUNIYAPPA, AGED ABOUT 24 YEARS, R/A #4, C BLOCK, CAR POLICE QUTRAS, MYSORE ROAD, CHAMARAJPET, BANGALORE 560018.
3. SRI AKASH S/O.K.V.MOHAN KUMAR, AGED ABOUT 23 YEARS, R/A. #115, 3RD MAIN ROAD, 3RD CROSS, SUMANS CONVENT, NANJAPPA BLOCK, K.G.NAGAR, GAVIPURAM EXTENSION, BENGALURU-560019.
4. SRI RAJU S/O SHIVANNA, AGED ABOUT 33 YEARS, R/A #22, 3RD CROSS, PIPELINE ROAD, SUNKADAKATTE, SRGANDADA KAVAL, VISHWANEEDAM, BANGALORE-560091.
5. SRI. SHEKAR S/O.DYAVAPPA, AGED ABOUT 30 YEARS, HALLI MYSORE HOBLI, HOLENARASIPURA TALUK, KABBUR, HASSSAN, DODDAKADANUR, KARNATAKA-573211.
(BY SRI. PRADEEP H S, ADV.) AND 1. STATE OF KARNATAKA REP. BY RAJARAJESHWARINAGARA POLICE STATIN, RAJARAJESHWRINAGAR, BENGALURU-560098.
2. SMT. YASHASWNI K W/O. LATE NANDAKUMAR K R/A PRESENT NO.48, 5TH CROSS, BASAVEHWARA LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560098.
(BY SRI. S. RACHAIAH, HCGP FOR R1) ... PETITIONERS ... 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 COMPLAINT AND THE FIR REGISTERED AGAINST THE PETITONERS IN CR.NO.62/2019 BY THE R-1 FOR THE COMMISSION OF THE ALLEGED OFFENCE PUNISHABLE U/S 3 & 4 OF D.P. ACT AND SECTION 498-A, 324, 323, 504 AND 506 AND 34 OF IPC AND SUBMITTED BEFORE THE LEARNED III ACMM AT BANGALORE, WHICH IS PRODUCED AT ANNEXURE-A; QUASH THE INVESTIGATION AND ALL FURTHER PROCEEDINGS PURSUANT TO THE REGISTRATION OF THE SAID CASE IN CR.NO.62/2019 AT ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER One Smt. Yashashwini got filed FIR No. 62/2019 on 30.03.2019 before Rajarajeshwari Nagar Police Station for offences punishable under Sections 498A, 324, 323, 504, 506, 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, contending inter-alia that her husband – Sri.Nandakumar and some persons who had accompanied her husband had assaulted and threatened her father and brother.
2. Sri. Pradeep H.S., learned counsel for the petitioners submitted that petitioners are Nandakumar’s (complainant’s husband) friends; they are in no way related with the family. They have been falsely implicated in the case. Offence under Section 498A of IPC cannot be invoked against strangers. Therefore, he contends that registration of FIR against petitioners is unsustainable in law. Accordingly, he prays for allowing these petitions.
3. Sri. S. Rachaiah, learned High Court Government Pleader adverting to the complaint pointed out that there are specific allegations against petitioners. He argued that in addition to Section 498A, offences under Sections 324, 323, 504 and 506 of IPC have also been alleged and the complaint contains the details of overt acts by the petitioners. Accordingly, he prays for dismissing the petitions.
4. I have carefully considered the rival contentions and perused the records.
5. Sri. S. Rachaiah, learned High Court Government Pleader is right in his submission that it is stated in the complaint that the petitioners who accompanied complainant’s husband have assaulted complainant’s father and brother. Therefore, the complaint requires investigation by the police.
6. No finding can be recorded in respect of allegations contained in the complaint merely based on the plea of innocence urged by the petitioners while examining a petition under Section 482 of Cr.P.C. Resultantly, these writ petitions fail and they are accordingly, dismissed. No costs.
Sd/- JUDGE VP