IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2868 OF 2018 BETWEEN:
1. Sri. Venkateshan K S/o Late Kanan, Aged 36 years, MEG Centre, Halsur, Bangalore City-560 008.
2. Smt. Hamsaveni W/o Late Kanan Aged about 69 years, 1st Main, 5th Cross, Ambedkar Nagar, Robertsonpet, K.G.F-563122.
3. Gayithri D/o Late Kannan Aged 29 years, 1st Main, 5th Cross, Ambedkar Nagar, Robertsonpet, K.G.F-563122.
4. Arun Kumar Aged 27 years 1st Main, 5th Cross, Ambedkar Nagar, Robertsonpet, K.G.F-563122.
5. Smt. Reena W/o Sugumaran, Aged 25 years R/o 662, 1st Main, 5th Cross, Ambedkarnagar, Robertsonpet, K.G.F-563122.
Presently R/o No.304, E.T.Block, Mariamman Temple, Oorgaum, K.G.F-563122.
6. Smt. Shanthamari W/o Aarumugam, Aged 30 years R/o 662, 1st Main, 5th Cross, Ambedkarnagar, Robertsonpet, K.G.F-563122.
Presently R/o No.66, Vaniyampadi, Vellore District-632009, Tamil Nadu.
... Petitioners (By Sri Hanumanthappa.A and Sri Mahesh, Advocates) AND 1. Reena .P, D/o Poobalan, Aged about 30 years, No. 1467, Balakrishna Layout, Robertsonpet, K.G.F. – 563122.
2. The state of Karnataka Through Robertsonpet Police Station K.G.F., Kolar District Rep. by SPP, High Court Building, Bangalore - 560001.
... Respondents (By Sri. S Rachaiah – HCGP for Respondent) Crl.P filed under Section 482 Cr.P.C praying to quash the entire proceedings in C.C.No.716/2015 of Robertsonpet Police (Cr. No.126/2014) on the file of the Senior Division Civil Judge and Principal JMFC, KFC.
This Criminal Petition coming on for admission, this day, the Court made the following:
O R D E R Heard Sri Mahesh, learned counsel appearing for the petitioners and Sri Rachaiah, learned HCGP for State. Perused the records.
2. Petitioners who are facing prosecution for the offence punishable under Sections 498A, 506 of IPC read with Section 4 of Dowry Prohibition Act,1961 are before this Court for quashing of the charge sheet in C.C.No.716/2015 pending on the file of Senior Civil Judge and Prl.JMFC, KGF.
3. Having heard learned counsel appearing for parties and on perusal of the charge sheet material including statement of independent witnesses recorded under Section 161(3) of Cr.P.C., this Court is of the considered view that prima-facie offences alleged against petitioners are attracted. The veracity of the said statements have to be tested in the cross-examination including the alleged overt acts said to have been committed by the petitioners/accused persons. In the event of this Court were to undertake the exercise of evaluating the charge sheet material, it would be prejudicial to both accused as well as prosecution. As such, this Court desist from undertaking such an exercise. It would suffice for this Court to state that, prima-facie the allegations made against the petitioners in the complaint disclose the offence alleged and it would not be appropriate to exercise the inherent jurisdiction of this Court to quash the proceedings. No other good ground is made out to entertain this petition. Hence, criminal petition stands rejected.
SD/- JUDGE DKB