STATE OF KARNATAKA Vs. K RAMSINGH

JUDGEMENT

(1.) THE State has filed this Revision Petition challenging the order dated 29th November, 2005 passed by the XXV Additional City civil and Sessions Judge, Bangalore, rejecting the application filed by the prosecution under Section 319 Cr. P. C. , praying the Court below to take cognizance and to proceed against accused Nos. 2 and 3 for the offences punishable under Section 498-A I. P. C. , and for the offence under Sections 3, 4 and 6 of the Dowry Prohibition Act. As regards Accused No. 4 the offence alleged is under Section 498-A I. P. C.

(2.) THE prosecution contends that the complainant Smt. Manjubhashini, examined as PW-6, and her father and elder brother examined as PWs. 7 and 8 respectively, have in the course of their evidence before the Court deposed that prior to the marriage, accused Nos. 2 and 3 came to the place of the complainant and demanded dowry in the form of gold ornaments, cash and household articles. That, even after the marriage, accused Nos. 2 and 3 used to visit the house of the complainant who was living with accused No. 1 separately and were treating her with physical and mental cruelty by demanding dowry and by threatening her that if she failed to bring the dowry, they would perform the marriage of accused no. 1 with accused No. 4. That, accused No. 4-Veena who had property worth rupees twenty-five lakhs has married accused No. 1. Thus, on the basis of this evidence, the prosecution approached the Court below with the application under Section 319 Cr. P. C. , requesting to proceed against accused Nos. 2 to 4 also. It is important to note here that accused No. 2 to 4 had been discharged earlier.

(3.) ACCUSED No. l is the husband of the complainant. Accused No. 2 is the sister of accused No. and accused No. 3 is the husband of accused No. 2. Accused No. 4 is alleged to have been taken as the second wife by accused no. 1. Charge-sheet was filed by the police upon investigation against all these accused.