SMT. SHEELA SHETTAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner who is the complainant in C.C.No.2326/2015 pending before the learned Principal Civil Judge and JMFC, Hubballi-Dharwad has preferred this petition under section 407 of Cr.P.C., 1973 seeking transfer of the said C.C.No.2326/2015 from the existing Court to MMTC-1, Mayo Hall, M.G. Road, Bengaluru.

(2.) It is the contention of the petitioner that her complaint lodged with respondent No.2-police station at Bengaluru without valid reason transferred to respondent No.3 and thereafter to respondent No.4, which is Women's Police Station at Hubballi, which has filed the charge sheet in this case. She contends that she is wife of respondent No.5, who is accused in the present criminal case under consideration. She has also filed one more case against him in Crl.Misc.No.53/2015 pending on the file of the MMTC-1, Mayo Hall, M.G.Road, Bengaluru under the Protection of Women against Domestic Violence Act, 2005. She has contended that she being the resident of Bengaluru and her parents who are material witnesses in this case are also in Bengaluru, the convenient place for the trial would be at Bengaluru. She further states that there is a life threat to her by respondent No.5, i.e., her husband. She is facing a life threat by respondent No.5, as such, in the interest of her safety also, the case is required to be transferred to Bengaluru.

(3.) Respondent Nos.1 to 4 are being represented by learned Government Pleader and respondent Nos.5 to 7 are being represented by their learned counsel.