Neelamma And Others v. State Of Karnataka And Another
2020-01-03
H.B.PRABHAKARA SASTRY
body2020
DigiLaw.ai
JUDGMENT 1. The petitioners who are accused nos.2, 3 and 5 in C.C.No.6086/2018 in the Court of learned I-Additional JMFC, Kalaburagi (hereinafter for brevity referred to as the trial Court) have been charge sheeted for the offences punishable under sections 143, 147, 341, 498(A), 323, 324, 504, 506 read with section 149 of Indian Penal Code. The petitioners have sought for quashing of the entire criminal proceedings against them. 2. Though this matter is listed for admission, however, with the consent from both side, the matter is taken up for final disposal. 3. The summary of the case of the prosecution is that the complainant Smt. Hemavati was married to accused no.1 Shri Sharanagouda Malipatil on 18.05.2003. After her marriage she was constantly and continuously being ill-treated by her husband and family members including the present petitioners. They constantly were pestering for dowry in the form of valuables including demand for gold to be brought by the complainant/wife from her parents house. She was also not allowed to enter her matrimonial house after her miscarriage in her parents house. That being the case, on 31.10.2017 when she went to her husbands house to re-unite with her husband and his family members, she was once again ill-treated by all the accused including the petitioners, who reiterated their demand for 5 tolas of gold. In the said process they assaulted her. However, by the timely intervention of CW-6 and CW-7, she was rescued. Narrating the same, the alleged victim Smt. Hemavati lodged a complaint with the complainant police who, after completion of investigation, have filed charge sheet against all the accused including the present petitioners for the above said offences. 4. Learned counsel for the petitioners in his argument submitted that the petitioners are not the residents of the place where the husband of the complainant is residing and they are residing at a different place, as such, they are unconnected with the alleged crime. He further submitted that there are no materials even to make out a prima facie case against the present petitioners, however, it is only to harass the present petitioners they have been falsely implicated in the matter. The learned High Court Government Pleader in his argument submitted that the petitioners could have filed an application under section 239 of Code of Criminal Procedure before the trial Court seeking their discharge from the case.
The learned High Court Government Pleader in his argument submitted that the petitioners could have filed an application under section 239 of Code of Criminal Procedure before the trial Court seeking their discharge from the case. He also submitted that the charge sheet would go to show that Investigating Officer has collected sufficient materials to prove the alleged guilt against the accused including the present petitioners. 5. A perusal of the charge sheet paper would go to show that on the alleged date of incident i.e., on 31.10.2017 when the complainant/respondent no.2 is said to have gone to her husbands house after her miscarriage during the delivery time, the inmates in the said house did not allow her to stay there. The present petitioners are also shown to have been present there as the family members of accused no.1, who is said to be the husband of the complainant. It is further alleged in the charge sheet that all the accused reiterated their demand for 5 tolas of gold to be brought by the complainant, parents house. In the said process, the husband of the complainant is said to have assaulted the complainant with a wooden stick causing injury upon her. Among the present petitioners, the petitioner no.2/accused no.3 is alleged to have assaulted on the face of the complainant with his fist causing contusion on the eyes of the complainant. The petitioner nos.1 and 3 who are accused nos.2 and 5 are alleged to have stopped the complainant when she was attempting to escape from the attack upon her and made her to fall on the ground and are alleged to have assaulted her with their hands and legs. A further perusal of the charge sheet papers would go to show that the parents of the complainant are shown to have given their statement before the Investigating Officer on the lines of the version of the complainant. Further, one Sri Veerabhadrappa and one Sri Gundappa who are shown as CW-6 and CW-7 are shown to have given their statement before the Investigating Officer claiming that they were the eyewitnesses to the alleged incident.
Further, one Sri Veerabhadrappa and one Sri Gundappa who are shown as CW-6 and CW-7 are shown to have given their statement before the Investigating Officer claiming that they were the eyewitnesses to the alleged incident. It appears that they have stated before the Investigating Officer that hearing the noises from the house of accused no.1 on 31.10.2017 in the afternoon at 4 oclock, they rushed to the spot and have seen the alleged incident whereunder the complainant was said to have been assaulted by all the accused including the present three petitioners. The description shown to have been given by them before the Investigating Officer also goes on the same line as that of CWs-1, 4 and 5. 6. The statements of the alleged eyewitnesses since is available as part of the charge sheet, which directly alleges certain overt acts against the present petitioners, I am of the view that there are materials to subject the present petitioners also for trial. Added to that, the certified copy of the wound certificate which is also produced with the charge sheet, would go to show that the complainant had sustained several contusions including a contusion on her left eye and both the thighs and also on lumbar region. Since there being sufficient materials for subjecting the present petitioners for trial, I do not find any reason for quashing the proceeding in C.C.No.6086/2018 pending before the trial court. Accordingly, the petition stands dismissed. In view of the dismissal of the main petition, I.A.No.1/2019 does not survive for consideration. Registry to transmit a copy of this order to the concerned lower Court immediately.