MUNIKRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arrayed as first accused in Crime No.157/2007 which is now pending in S.C.No.5034/2014 on the file of III Additional District and Sessions Judge, Anekal, Bangalore Rural is seeking for quashing of charge sheet registered for the offence punishable under Sections 498A and 306 IPC.

(2.) Briefly stated, the prosecution case is: Petitioner had married one Smt.Vijayalaxmi during year 2001-2002 and a complaint came to be lodged by the brother of the deceased Smt. Vijayalaxmi that she was ill treated and harassed both physically and mentally with a demand for dowry and her husband along with his family members had restricted her from contacting her relatives. The brother of deceased Smt.Vijayalaxmi had also alleged that she was got admitted to a hospital by her husband and she had died under mysterious circumstances and as such, complainant sought for taking action against petitioner and other members of their family.

(3.) Based on said complaint, Crime No. 157/2007 came to be registered for the offence punishable under Sections 498A and 306 Penal Code and on conclusion of investigation, charge sheet came to be filed for offence punishable under Sec. 498A Penal Code only. In other words, charge sheet was not framed for offence punishable under Sec. 306 IPC. However by supplementary charge sheet Sec. 306 Penal Code has been incorporated and against the same, petitioner is before this Court seeking for quashing of entire proceedings.