Thirthachari @ H. A. Theerthachar, S/o. G. Annaiahswamy v. State of Karnataka, Pandavapura Police Station, Represented By Spp, High Court of Karnataka At Bengaluru
2025-07-07
J.M.KHAZI
body2025
DigiLaw.ai
ORDER : (J.M. KHAZI, J.) Petitioners who are arraigned as accused Nos.3 and 4 have filed this petition under Articles 226 and 227 r/w Section 482 of the Code of Criminal Procedure to quash the criminal proceedings initiated against them in C.C.No.467/2022 on the file of Civil Judge and JMFC Pandavapura, for the offences punishable under Sections 354D, 406, 417, 420, 506 r/w Section 34 of IPC. 2. For the sake of convenience, parties are referred to by their ranks before the trial Court. 3. In support of the petition, accused Nos.3 and 4 have contended that they are innocent and law citizens and have not committed the alleged offences. There is no nexus between them and the alleged crime. No details of the alleged offences are forthcoming. The entire case of the prosecution is tainted with falsity. There are no material to proceed against the accused Nos.3 and 4. Even if the entire case of the prosecution is accepted as correct, then also there is no material to proceed against the them and hence the petition. 4. On the other hand, learned High Court Government Pleader representing respondent No.1 State and learned counsel for respondent No.2/complainant would submit that complainant was working as a staff nurse at Babu Nursing Home, Pandavapura. She came in contact with accused No.1 through Facebook. Initially, they were in contact with each other through phone. Gradually, their friendship was converted into love affair. Later they started meeting each other and ultimately they developed physical relationship. Accused No.1 borrowed Rs.6 lakhs from complainant to meet his personal problem. 4.1 Ultimately, they decided to marry on 01.06.2020. However, about three days prior to the marriage, accused No.1 informed complainant telephonically that he has suffered a mild heart attack and that he would marry her after discharge from the hospital. He did not give information of the hospital where he was getting treatment. However, after sometime accused No.1 along with his friend, i.e., accused No.2 Nagaraju met the complainant in connection with the marriage. When complainant demanded accused No.1 to bring his parents, he said that they may not agree for their marriage and he will convince them later. On 04.06.2020, they got married. At the time of marriage, gold chain weighing 15 gms chain, a finger ring weighing 3 gms and a cell phone was given to accused No.1.
When complainant demanded accused No.1 to bring his parents, he said that they may not agree for their marriage and he will convince them later. On 04.06.2020, they got married. At the time of marriage, gold chain weighing 15 gms chain, a finger ring weighing 3 gms and a cell phone was given to accused No.1. 4.2 After the marriage accused No.1 did not take her to his house and convinced the complainant that he is constructing a new house and he would take her after construction is completed. Accused No.1 used to visit her in her parents house. However, despite lapse of long period accused No.1 did not take her to his house and when she enquired, he stopped visiting her and also communicating with her. After sometime, he came and disclosed that he is already married and having two children and his parents and wife are not agreeing for his second marriage. 4.3 When the complainant visited the house of accused No.1 and spoke to his parents, they did not respond properly and said that she is at liberty to do whatever she wants. Accused Nos.3 and 4 gave threat that if she visit their place, she would be killed. In this regard, complaint is filed and after thorough investigation, charge sheet is filed against accused Nos.1 to 4. The allegations made are required to be proved at the trial and pray to dismiss the petition. 5. Heard arguments and perused the record. 6. Thus, it is the definite case of the prosecution that accused No.1 came in contact with complainant through Facebook and though initially, they were just friends, later on their friendship turned into a love affair and they developed physical relationship. Accused No.1 had physical relationship with complainant with the promise to marry her. He had also taken a sum of Rs.6 lakhs from her. Initially they wanted to marry on 01.06.2020. However, accused No.1 postponed it saying that he had suffered heart attack. However, he did not give the details of the hospital where he was taking treatment. 7. Anyhow on 04.06.2020, he came along with accused No.2. They got married in a temple in the presence of relatives of complainant. A gold chain, finger ring as well as a cell phone was given to accused No.1.
However, he did not give the details of the hospital where he was taking treatment. 7. Anyhow on 04.06.2020, he came along with accused No.2. They got married in a temple in the presence of relatives of complainant. A gold chain, finger ring as well as a cell phone was given to accused No.1. The relatives of accused did not attend the marriage and he said that he would convince his parents later. After the marriage, accused No.1 did not take her to his house, saying that he his constructing a new house and he would take her to the new house itself. However, when accused No.1 stopped visiting her and also failed to take her calls, it raised suspicion. Later accused No.1 visited her and disclose that he is already married and having two children. In this way, accused No.1 has cheated her and accused No.2 has helped him to marry her, even though he was aware of his first marriage and children. 8. So far as accused Nos.3 and 4 are concerned, the allegations against them are that when she wanted to visit the house of accused No.1, they gave threat that if she come to the place of accused No.1, she would be killed. However, as rightly submitted by learned counsel for accused Nos.3 and 4 that no details such as date, place where the threat was given to her by accused Nos.3 and 4 for are forthcoming. In fact in the entire charge sheet, also no such details are forthcoming. 9. In the complaint, also the accused has not stated where and on which date accused Nos.3 and 4 gave threat to her. It appears unnecessarily accused Nos.3 and 4 have been named in the complaint. In the charge sheet also except repeating the said allegations in the statement of other witnesses, no evidence is there to implicate accused Nos.3 and 4. Of course accused Nos.5 and 6, who are the parents of accused No.1 are dropped in the charge sheet. In the absence of sufficient evidence against accused Nos.3 and 4, the continuation of the proceedings would amount to abuse of the process of the Court and as such, it is liable to be quashed and accordingly the following: ORDER (i) Petition filed by accused Nos.3 and 4 under Articles 226 and 227 r/w Section 482 of Cr.P.C, is hereby allowed.
(ii) Criminal proceedings initiated against petitioners/accused Nos.3 and 4 in C.C.No.467/2022 on the file of Civil Judge and JMFC, Padavapura, is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial Court through e-mail. In view of disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required.