JAYA CHACKO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Senior Counsel Shri M.T. Nanaiah and the learned counsel Shri B.N. Balasubramanya for the petitioner and the learned HCGP Shri Thejesh for the State.

(2.) This Criminal Revision Petition is directed against the order passed by the Court below in S.C.No.267/2011 dated 04.04.2013, whereby the application filed by accused No.2 - petitioner herein under Section 227 of Cr.P.C. was partly allowed discharging the accused from the offence punishable under Section 498A IPC, but however to proceed against the accused under Section 306 read with 34 IPC.

(3.) The factual matrix of this petition is as under: The petitioner Smt. Jaya Chacko is arraigned as Accused No.2 in respect of the complaint in Crime No.303/2010 filed under Sections 498A and 306 read with Section 34 IPC filed by one Patil Puttappa. The said complaint was lodged against the present accused alleging that she was instrumental for the suicide of one Shanthala Patil, wife of Accused No.1, who committed suicide by dousing kerosene and setting herself ablaze. It was alleged in the complaint that the deceased Shanthala was married to Accused No.1 Basavaraj in the year 1974 and that they had two children. But however, it is stated that Basavaraj developed an illicit relationship with the present petitioner - accused Jaya Chacko from the past twenty years and she also had a son out of the said relationship. Due to this illicit relationship, there was said to be frequent quarrels between the deceased Shanthala and Accused No.1 Basavaraj and when questioned about the relationship, Accused No.1 is said to have threatened her to give divorce. Unable to bear the harassment meted out by Accused No.1 in view of the illicit relationship he held with Accused No.2, it is stated that Shanthala is said to have committed suicide. As a result of the complaint being lodged, a case was registered and the Investigating Officer filed a charge sheet. Though the J.B. Nagar Police had registered a UDR case, in view of a fresh complaint filed by the father of the deceased, the complaint in Crime No.303/2010 was registered under Sections 498A and 306 read with Section 34 IPC and proceeded against the accused. However, the present petitioner - accused No.2 filed an application under Section 227 of the Cr.P.C. seeking discharge from the alleged offences. The court below by its order dated 04.04.2013 in S.C.No.267/2011, discharged the accused from the offence under Section 498A IPC but however directed to proceed against the accused under Section 306 read with 34 IPC. It is this order which is under challenge in this petition urging various grounds.