LAWS(KAR)-2016-2-306

SRI. HUCCHAPPA Vs. THE STATE OF KARNATAKA

Decided On February 24, 2016
Sri. Hucchappa Appellant
V/S
The State Of Karnataka Respondents

JUDGEMENT

(1.) Petitioners who have been arrayed as accused Nos.2, 3, 4 and 5 in Crime No.27/2012 of Mahalakshmi Layout Police Station for the offences punishable under Sections 498-A, 304-B r/w Section 34 of IPC, have filed this petition to quash the proceedings.

(2.) One Nagaraju, S/o Doddaiah of Shankarnagar, Bangalore, filed a complaint on 31.01.2012 before Mahalakshmi Layout Police Station, Bangalore. It is alleged in the complaint that he had three daughters namely N. Hamsalatha, N. Jeevitha and N. Harshitha. On 19.04.2009, the marriage of her eldest daughter N. Hamsalatha was performed with accused No.1-D.M. Ramakrishna, the second son of Mariyappa-accused No.4. D.M. Ramakrishna is working in High Court in Recruitment Branch. At the time of the marriage, he was presented with 250 grams of gold, Rs.75,000/- cash as dowry as demanded by Ramakrishna and his parents Mariyappa and Mayamma. Out of the marriage, a female baby was born. The baby was aged 1 year and 9 months at the time of the incident in question. Eversince the date of marriage, the husband and in-laws of Hamsalatha were not satisfied with the quantum of dowry given at the time of the marriage. They were also suspecting her chastity and thereby she was subjected to constant ill-treatment and harassment. Many a times panchayaths were also held by the elders, which did not materialize. The husband and in-laws continued to treat her with cruelty and used to harass her.

(3.) After investigation, charge-sheet came to be filed in C.C.No.16642/2012 on the file of 7th Addl. Chief Metropolitan Magistrate, Bangalore for the offences punishable under Sections 498-A, 304-B of IPC and Sections 3 and 4 of the Dowry Prohibition Act. The petitioners who are arrayed as accused Nos.2 to 4 have filed this petition to quash the proceedings initiated as against them.