IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1370 OF 2015 BETWEEN:
1. SRI MANJUNATH S/O. LATE HUCHCHAPPA AGED ABOUT 28 YEARS.
2. SMT. NEELAMMA W/O. LATE HUCHCHAPPA AGED ABOUT 48 YEARS.
BOTH ARE R/AT NO.247 4TH CROSS, GOWDANAHALLI BENGALURU.
(BY SRI. PANCHAM R.D., ADVOCATE ) AND:
…PETITIONERS 1. THE STATE OF KARNATAKA THROUGH K.M. DODDI POLICE STATION MANDYA DISTRICT – 560 053 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.
2. SMT. S. ANITHA D/O. MAHADEVAIAH AGED ABOUT 25 YEARS R/AT HARALAHALLI VILLAGE MADDUR TALUK MANDYA DISTRICT.
... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP, FOR R.1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.926/2013 FILED BY THE RESPONDENT NO.1 K.M. DODDI P.S., U/S. 498-A AND 506 OF IPC, INSOFAR AS IT RELATES TO THE PETITIONERS, WHICH IS PENDING ON THE FILE OF THE HON’BLE CIVIL JUDGE AND JMFC, AT MADDUR.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners, are accused Nos.2 and 3 in the charge sheet filed against them for the offences punishable under Sections 498-A and 506 of IPC in C.C.No.1470/2013.
2. The allegations made against the petitioners are supported by direct statement of the complainant as well as the other witnesses. Therefore, it cannot be said that the charge sheet laid against the petitioners is false and baseless. The material on record prima facie attracts the offences under Sections 498-A and 506 of IPC.
3. In the said circumstances, I do not find any justifiable reason to quash the proceedings. Moreover, the matter is seized by the trial Court and opportunity is available to the petitioners to seek for their discharge before the trial Court. Hence, reserving liberty to the petitioners to canvas the contentions urged in this petition before the trail Court and seek for their discharge on such grounds available under the law, petition is dismissed.
Sd/- JUDGE SA