NEELAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(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 husband's 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.