IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.6246 OF 2018 BETWEEN:
SUSHANTHA T @ T.SUSHANTH S/O.THAMMANNAPPA NOW AGED ABOUT 38 YEARS OCC: PRIVATE EMPLOYMENT NO.6/8, I A CROSS, I MAIN VIVEKANANDANAGARA, BSK 3RD STAGE BANGALORE-560 085. … PETITIONER (BY SRI.CHANDRASHEKARA K.A., ADV.) AND:
THE STATE OF KARNATAKA BY THE POLICE OF CHANNAMMANAKERE ACHAUKATTU POLICE STATION BANGALORE-560 085. ... RESPONDENT (BY SRI.R.D.RENUKARADHYA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. TO QUASH THE ORDER DATED 25.03.2017 IN CC NO.18910/2015 PASSED BY THE LEARNED II ACMM, BANGALORE FOR THE OFFENCES P/U/S 498A, 420 OF IPC AND 3 AND 4 OF D.P. ACT AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner in this petition has sought for the following relief:
“WHEREFORE, the petitioner/accused named above prays that, this Hon’ble Court may be pleased to call for records in CC No.18910/2015 and quash the order dated 25/03/2017 passed by the Learned II Addl. CMM Bangalore for the offence punishable under Sections 498-A & 420 IPC and 3 & 4 DP Act., to meet the ends of justice”.
2. Petitioner’s application for discharge under Section 227 Cr.P.C. before 2nd Addl. CMM, Bengaluru is rejected. Learned counsel for the petitioner submitted that deceased Kavya left the matrimonial home on 05.04.2015 whereas, she has died on 12.12.2017 by committing suicide in her grand mother’s house. In this background, allegations relating to offence under Section 498A Cr.P.C. leveled against the petitioner be quashed and petitioner be discharged under Section 227 Cr.P.C. The aforesaid factual aspect has not been apprised by the Court below while rejecting the application under Section 227 Cr.P.C.
3. On perusal of the documents, it is evident that there were certain disputes way back in the year 2015 as is evident from the pendency of C.Mis.160/2015 before the Addl. CMM, Bengaluru under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and it had been dismissed in view of the death of Kavya. The Court below has taken note of the aforesaid case and factual aspect. There were allegations to get ornaments and lead high life. Therefore, merely the fact that she has left her matrimonial home on 05.04.2015 read with the fact that she has committed suicide and died on 12.12.2017 in her grand mother’s place are not sufficient grounds to allow the application of the petitioner under Section 227 Cr.P.C. with reference to the offence under Section 498A Cr.P.C. Thus, petitioner has not made out ground to allow the petition. Accordingly, petition stands dismissed.
Sd/-
JUDGE Brn