GIDDAPPA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed under Section 397, Cr.P.C. challenging the order passed on 8.4.2013 passed by the judge of Fast Track Court-14, Bengaluru City, in S.C.1372/12.

(2.) An application which had been filed under Section 227, Cr.P.C. on behalf of these petitioners who are accused nos.2, 3, 5, 6 and 7 and the same came to be dismissed after contest. It is this order which is called in question in this petition on various grounds as set out in the memorandum of revision petition.

(3.) Charge sheet is filed against 7 persons for the offences punishable Sections 498A, 304A, I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act. At the time of hearing arguments in regard to framing of charge, an application was moved under Section 227, Cr.P.C. to discharge the above said accused, i.e. nos.2, 3, 5, 6 and 7. It is contended that the allegation made against them is without any basis and that no case is made out to proceed further in order to frame charge for any of the offences mentioned in the charge. It is argued that there is absolutely no material to indicate the harassment meted out to the deceased by the petitioners and consequential unnatural death of the deceased who was the wife of accused no.1 and daughter-in-law of the 1st petitioner. It is stated that accused nos.5 to 7 have been residing separately and their statements recorded under Section 161, Cr.P.C. are vague and general in nature.