SANJAY DANIEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 to 3 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.17376/2020 pending on the file of XXX Additional Chief Metropolitan Magistrate Court, Bengaluru, arising out of Crime No.105/2020 registered by the Subramanyapura Police Station and charge sheeted for the offences punishable under Ss. 498A, 448, 323, 506 read with Sec. 34 of IPC.

(2.) Heard the learned counsel for petitioners, learned High Court Government Pleader for the respondent No.1- State and learned counsel for respondent No.2.

(3.) The case of the prosecution is that the complainant-respondent No.2 who is the wife of the petitioner No.1 filed complaint to the Police on 14/6/2020 alleging that she was married to petitioner No.1 on 8/2/2019 at the Sub-Registrar Office and he was working at Hospete. Subsequently she stayed with him at Hospete, during her stay with accused No.1, she found accused was chronic drunker and ill-tempered, chain smoker and when she was pregnant, accused No.1 constantly abused her emotionally and also abused her physically and during that time, most of the months, she was forced to pay the rent and house hold medical expenditure. Accused No.1 was not maintaining her, she wanted to come to maternal home for delivery but at the instance of accused No.1, she went to house of the accused No.2 at Bengaluru and due to lock down, she could not come to Bengaluru. Later, with the help of her father she came to Bangalore during the lockdown. Later she gave birth to a child, but the petitioners did not visit the house to see the child and the accused No.1 continuously troubled her and he was emotionally blackmailing her through messages after drinking alcohol. She further alleges that she has blocked the whatsapp messages and emotionally broke down and there were irrevocable differences between them. On the day of the complaint, accused Nos.2 and 3 came to the father's house to the apartment and they abused her in filthy language, they tried to snatch the child from her and created nuisance in the apartment. She also scared by their suicidal threats. Therefore, prayed for taking action. After registering the case, the Police investigated the matter and filed the charge sheet which is under challenge.