HANISH ABDUL KHADAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant/accused No.1 under Sec. 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order passed by the LXX Addl. City Civil and Session Judge and Special Judge at Bengaluru (CCH-71), passed in Crl.Misc.No.2244/2024 dtd. 5/3/2024 in respect of Crime No.456/2023 registered by Hennur Police Station for the offences punishable under Ss. 498A, 354, 506 of Indian Penal Code (for short 'IPC') and Ss. 3(1)(a), 3(1)(r), 3(2)(va), 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC and ST Act').

(2.) Heard Sri.Lakshmikanth.K, learned counsel is represented for Sri.Sharath.J.M, learned counsel for the appellant, Smt.Sowmya.R, learned High Court Government Pleader for respondent No.1 and Sri.Vinaya.V.R, learned counsel for respondent No.2.

(3.) It is the case of the prosecution that the respondent No.2 is the wife of the appellant and their marriage was solemnized on 15/7/2021. After marriage, they started residing at Shobha Arcades Apartment, Horamavu, Bangalore. As per the averments of the complaint, there were frequent quarrels between the husband and the wife. Respondent No.2 was not happy in her matrimonial home. It is further stated that, the appellant was harassing respondent No.2 in one or the other pretext and he was not taking proper care. Such being the fact, she became pregnant and on 5/4/2022, she gave birth to a child. After she gave birth to a child, she has been deserted and thrown out of the house on the ground that she belongs to scheduled caste. Being aggrieved by the cruelty and harassment meted out to her, she has lodged a complaint against the petitioner. The jurisdictional police after registering the case, conducted investigation and submitted charge sheet.