IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.4380 OF 2018 BETWEEN:
1. Sri. Vivek B.R.
S/o Late. Ramaswamy Setty Aged about 36 years.
2. Smt. Annapoornamma B.K. stands abated W/o late Ramaswamy Setty died on 12-2-2019 Aged about 65 years.
R/at No.12, K.R.Hospital Bus Stop, Besides Ever Joy Residence, 5th Main, Vallabhanagar, Uttarahalli Main Road, Bengaluru-560 070.
… Petitioners (By Sri. Sanmathi E.I, Advocate for Petitioner No.1 Petitioner No.2 abated) AND:
1. The State of Karnataka, Represented by the Station House Officer, Subramanyapura Police Station, Represented by the Public Prosecutor, High Court Building, Bengaluru-560 001.
2. Smt. Veena S, W/o. Sri.Vivek B.R, D/o.A.V.Sundar Raj, Aged about 32 years, R/at HIG-49, Sai Shree, Kallahalli, KHB Colony, Vinobha Nagar, Shivamogga-577 204.
… Respondents (By Sri. Vijay Kumar Majage, Addl. SPP for R1; Smt.Rajamma, Advocate for R2-Absent) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the charge sheet so far as the petitioner is concerned filed by respondent showing the petitioner’s as accused number one and two for offence punishable under Section 498(A) of IPC and Section 3 and 4 of Dowry Prohibition Act dated 01.12.2017 in C.C.No.1161/2018 in Cr.No.361/2016 pending before the II Additional C.M.M., Nrupathunga Road, Bengaluru.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri.Sanmathi E.I, learned counsel for the petitioner No.1.
Sri.Vijay Kumar Majage, learned Additional State Public Prosecutor for respondent No.1.
After arguing the matter to some extent, learned counsel for the petitioner No.1 seeks leave of this Court to withdraw the petition with liberty to urge all the grounds as are available to the petitioner No.1 under the law at the time of framing of charges before the trial Court.
Accordingly, the petition is dismissed as withdrawn with liberty as aforesaid.
In view of the dismissal of the main petition, pending interlocutory application does not survive for consideration. Hence, dismissed.
Sd/- JUDGE dn/-