LATHA Vs. STATE OF KARNATAKA POLICE SUB-INSPECTOR

JUDGEMENT

(1.) I have heard the arguments of the petitioner's counsel and the leanred HCGP for respondent No.1.

(2.) The factual matrix of the case is that the complainant who is the wife of accused No.1 has filed a complaint before the police that her marriage was solemnized with her husband and out of the said wedlock there are two children. Her husband is havingillicit relationship with one Lata Banakar who is the wife of Shekhar Banakar and at the instance of said Lata, she is subjected to mental and physical harassment including her children, inspite of the advice made by the elders to her husband he continued the same. In order to protect the interest of her children she has tolerated the harassment meted out to her and she met and advised the said Lata Banakar, and she abused her in a filthy language and caused life threat. It is further alleged in the complaint that on 25/10/2017 at around 2.00a.m., her husband brought the said lady and when she questioned her husband, he replied that she will stay in the very same house and if she is having interest, she has to continue or to leave the house. Again on 22/10/2017, her husband came and made galata and this petitioner assaulted her and snatched the chain from the neck and caused the life threat. That on 15/11/2017, at about 7.30 p.m., when she was advising her daughter, again this petitioner came and quarreled with her and assaulted her and snatched her Mangalsutra and when she is screamed at the spot, the neighbourers came to the spot and the petitioner also abused the neighbourers and hence she has lodged a complaint.

(3.) Based on the complaint, police have registered a case against the petitioner and also the husband of respondent No.2. The police have also recorded the statements of the witnesses and after investigation, filed the charge sheet. The Court below taken cognizance against both the accused Nos.1 and 2. The petitioner, who is the accused No.2 has invoked section 482 of Cr.P.C., challenging the very issuance of process against her.