BHOJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Addl. State Public Prosecutor.

(2.) A lady by name Smt. Rajshri Mahadev Kuganavar -respondent No. 2 herein has lodged a complaint against the petitioner herein and others for the offences punishable under Sections 498A, 342, 504, 506, 109 R/W. Section 34 of Indian Penal Code, 1860 and also Section 3 and 4 of the Dowry Prohibition Act, 1961.

(3.) EXCEPT that one sentence, as I have meticulously perused the contents of the First Information Report, no other allegations are there against this petitioner. There is nothing on record in the First Information Report to show that, what exactly is the instigation made or the offence abated by this petitioner, and whether on the basis of such instigation, the husband has given any ill -treatment or harassment is not specifically mentioned. Even the said allegations is translated into evidence, in my opinion, that is totally insufficient to draw an inference that this petitioner has also participated in ill -treating and harassing the complainant or abated the offence.