T K NARAYANASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The challenge in this petition filed under Section 482 of the Code of Criminal Procedure ('the Code' for short) is to the order dated 15/02/1989, made by the learned Additional Chief Judicial Magistrate, Dharwad, dismissing the Interlocutory Application filed by the petitioner herein under Section 239 of the Code, seeking his discharge of the offences punishable under Section 493 of the Penal Code and Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as The 'Act' for short), maintained and affirmed by the learned Principal Sessions Judge, Dharwad, by the order dated 27/10/1989, in Criminal Revision Petition No. 219/89.

(2.) The learned counsel for the petitioner and the learned High Court Government Pleader for the Respondent-State are heard. The record in the petition and the record and proceedings in C.C. No. 474/86 on the file of the Additional Chief Judicial Magistrate, Dharwad, are perused and examined.

(3.) Before adverting to the two contentions raised by the learned counsel for the petitioner in support of the prayer made in the petition to quash the proceedings initiated and commenced against the petitioner in C.C. No.474/86 in the Court of the Additional Chief Judicial Magistrate, Dharwad, it is necessary to state the facts leading to the prosecution of the petitioner. Shortly stated, the facts, as they appear from the record are these : T. K. Nrayanaswamy, the petitioner, is the accused in C.C. No. 474/86 pending trial in the Court of the Additional Chief Judicial Magistrate, Dharwad. The petitioner is an Assistant Professor of Sericulture, working in the University of Agricultural Sciences, GKVK Complex, Bangalore. During the year 1983, the petitioner then a bachelor was living in a room attached to the house of one Abbas Khan, situated at Hebbal. Jamuna is the daughter of the said Abbas Khan. On 13-12-1985, Jamuna submitted a petition to the Director General of Police in Karnataka, Bangalore, alleging that the petitioner during his stay in the room belonging to her father, between 1981 and 1983, developed love towards her; that in the month of March, 1984, he was transferred to Dharwad; that he took her to Dharwad and there in a Temple presided over by Deity Anjaneya Swamy tied 'Mangalya' around her neck and gave an impression that he married her and lived with her as husband. She also alleged in the petition that the petitioner cohabitated with her making her to believe that she was lawfully, married to him and that in the month of January, 1985, the petitioner demanded a sum of Rs. 1,04,000/- as dowry from her. The Director General of Police forwarded the petition to the Deputy Inspector General of Police, Belgaum, and the Deputy Inspector General of Police in turn sent the petition to the Superintendent of Police, Dharwad. The Superintendent of Police in turn forwarded it to the Deputy Superintendent of Police, Dharwad, for enquiry. The Deputy Superintendent of Police conducted inquiry into the petition, recorded the statements of Jamuna and other persons acquainted with the facts of the case and by the order dated 2-2-1986, directed the Sub-Inspector of Police, Sub-Urban Police Station, Dharwad, to take further action on the petition stating that the facts mentioned by Jamuna in her petition were true. In obedience to the direction issued by the Deputy Superintendent of Police, the Sub-Inspector of Police recorded the complaint of Jamuna on 2-2-1986 at 21-45 hours registered a case in Crime No. 36/86 under S. 493 of the Indian Penal Code, issued F.I.R. and took up investigation.