UJWALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/de-facto complainant under Sec. 407 of Cr.P.C for transferring the case in CC.No.25273/2019 from 39th ACMM Bangalore to JMFC, Udupi to try and dispose off the criminal case registered in Crime No.10/2019 for the offences punishable under Ss. 498A, 323, 504, 506 read with 34 or IPC .

(2.) Heard the arguments of learned counsel for petitioner, learned HCGP for the respondent Nos.1 and 2/State and learned counsel for respondent Nos.3 to 6.

(3.) The case of the petitioner is that she had married to respondent No. 3 at Udupi. Later, she came and stayed with her husband at the matrimonial home at Gayatri Nagar, Bangalore and during those days, the respondent Nos.3 to 6 said to have harassed and assaulted her physically and mentally by demanding dowry etc., Therefore, she went back to the matrimonial home at Udupi and filed a complaint before the Superintendent of Police. Inturn, the complaint has been forwarded to the Women Police Station, Udupi and a case was registered by the Udupi police in Crime No.10/2019. During the investigation, the police made a requisition to the JMFC, Udupi for transferring the investigation to Bangalore on the point of jurisdiction vide request dtd. 13/3/2019. In pursuance of the requisition, the Magistrate permitted the police to transfer the case. Accordingly, the Subramanya Nagar police, Bengaluru received the transfer complaint and registered the case in Crime No.66/2019 for the same offences and took up the investigation and filed the charge sheet. Now the same is pending before the 39th ACMM Bengaluru and the petitioner being the de-facto complainant filed this petition for transfer, on the ground that complaint came to be filed at Udupi. The parents of the petitioner are in Udupi, the marriage took place in Udupi, therefore, it is very difficult for her to attend the Court at Bangalore for giving evidence as her parents also are required to travel from Udupi to Bangalore, which may cause inconvenience and great hardship. Therefore, prayed for transferring the case.