MOSINA W/O MANSUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is arrayed as accused No.3 in the charge sheet filed by Tirthahalli police which is later registered as Session Case No.33/2016 on the file of 2nd Additional District and Sessions Court, Shivamogga for the offences punishable under Sections 498-A and 304-B read with 34 of IPC.

(2.) At the time of filing of the charge sheet, it appears that accused No.2, who is none other than the husband of accused No.3, was given up and not sent for trial. The petitioner has filed an application under Section 227 of Cr.P.C. for her discharge along with accused No.1. The said application came to be rejected by the 2nd Additional District and Session Judge, Shivamogga in S.C. No.33/2016 against which order, the present petition is filed.

(3.) The learned Sessions Judge dismissed the application mainly on the ground that the materials placed on record, in the charge sheet, prima-facie makes out that accused No.1 left deceased in the house of accused No.3 i.e., the present petitioner. The allegations against the accused persons is that there was intimacy between accused Nos.1 and 3 and both were conversing each other over the phone and accused No.3 was instigating the accused No.1 over phone and therefore, accused No.1 was demanding deceased to bring money from her parents and harassing the deceased, due to which, she committed suicide. Therefore, the trial Court held that there is a primafacie case with regard to demand for money and harassment by accused Nos.1 and 3, therefore, rejected the application.