IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6665 OF 2016 BETWEEN:
THE STATE BY BHARAMANAGAR POLICE STATION, CHITRADURGA DISTRICT.
REPRESENTED BY STATE PUBLIC PROSECUTOR BENGALURU 577501.
(By SRI: I.S.PRAMOD CHANDRA, SPP-II) ... PETITIONER AND:
1. BASAVARAJAPPA S/O HANUMANTHAPPA AGE 35 YEARS, AGRICULTURIST R/O BAHADDURGHATTA VILLAGE, CHITRADURGA TALUK. 577501.
2. KARIBASAMMA W/O SIDDALINGAPPA, AGE 39 YEARS, R/AT YAMMANA BETURU DAVANAGERE TALUK AND DISTRICT-577002.
... RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 13.05.2016 PASSED IN C.C.NO.1709/2009 ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, CHITRADURGA THEREBY REJECTING THE PETITION FILED BY THE PROSECUTION UNDER SECTION 323 OF CR.P.C. AND ALLOW THE ABOVE CRIMINAL PETITION FILED BY THE PROSECUTION UNDER SECTION 323 OF CR.P.C. TO COMMIT THE CASE TO THE SESSIONS COURT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned SPP-II for the petitioner-State. Perused the petition.
The State has filed this petition under Section 482 Cr.P.C. seeking to set-aside the order dated 13.05.2016 passed by the II Addl. Civil Judge and JMFC, Chitradurga in C.C.No.1709/2009.
2. Bharamasagar Police submitted a charge sheet before the trial court against respondent Nos.1 and 2 for the offences punishable under section 498A r/w 34 of Indian Penal Code and Sections 3, 4 and 6 of Dowry Prohibition Act. During the pendency of the said proceedings, the prosecution moved an application under Section 323 Cr.P.C. to commit the case for trial by the Sessions Judge on the ground that the allegations made in the charge sheet constitute an offence under section 304B Indian Penal Code. In the petition, it is stated that the deceased died within seven years from the date of her marriage and there are also allegations of dowry death and hence sufficient material is available on record to frame a charge under section 304B Indian Penal Code. However, referring to the very application filed by the prosecution, wherein it is stated that the deceased died on account of cough, cold and fever and relying on the medical opinion with regard to the cause of death, the learned Magistrate has held that the deceased met with a natural death and therefore essential ingredient of Section 304B Indian Penal Code are not made out by the prosecution and has consequently dismissed the application.
3. The prosecution has urged the very same contentions before this Court. Learned SPP-II would contend that death having been taken place within seven years from the date of her marriage and in the wake of clear allegations that the deceased was subjected to cruelty in connection with dowry demand, the respondents are liable for prosecution under Section 304B of Indian Penal Code.
4. Having regard to the material placed on record and in view of specific provision contained in Section 304B of Indian Penal Code, I do not find any justifiable reason to interfere with the impugned order passed by the learned Magistrate. Section 304-B deals with ‘dowry death’. The Section provides that ‘Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called ‘dowry death’, and such husband or relative shall be deemed to have caused her death.’ 5. In the instant case, going by the case of the prosecution, deceased did not die either on account of burns or bodily injuries nor there is any material to suggest that she died under unnatural circumstances. The medical report as well as evidence collected by the investigating agency indicate that the deceased died a natural death. The cause of death as per the prosecution is ‘due to cough, cold and fever’. In order to constitute the offence punishable under section 304-B Indian Penal Code, the death of a woman should have been caused under unnatural circumstances. In the absence of this essential element, the trial court was justified in rejecting the application. I do not find any error or infirmity in the impugned order warranting interference by this Court in exercise of jurisdiction under Section 482 Cr.P.C. The prosecution has failed to make out any ground for admission of the petition.
Accordingly, the petition is dismissed at the admission stage.
Sd/- JUDGE *mn/-