GIRISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are seeking for writ of mandamus by directing fifth respondent-Central Bureau of Investigation (for short 'CBI') to further investigate in S.C. No. 145/2018 (Crime No. 381/2017) registered by Kengeri Police Station for the offences punishable under Sections 498-A and 306 of Indian Penal Code, 1860 against Sri Shivaramu, S/o. Raje Gowda, son-in-law of second and third petitioners.

(2.) On 26-9-2017 first petitioner lodged a complaint with second respondent alleging that his sister Smt. Lakshmi was given in marriage to one Sri Shivaramu and at the time of their marriage dowry was given by way of cash and jewellery. It is also alleged that out of said wedlock two daughters were born and initially husband is said to have taken care of his wife Smt. Lakshmi with proper care except for minor clashes. It is further alleged that when she conceived for the second time accused had got examined the deceased to ascertain as to whether it was a male child and after coming to know that it was a female child he had got her aborted and subsequently, she again conceived and on finding that she is going to give birth to a female child, said pregnancy was also sought to be terminated, for which deceased opposed and she had informed this fact to her sister Smt. Yashoda and including Chandra, who are said to have given some wisdom to Shivaramu and subsequently, in 2013 Smt. Lakshmi is said to have delivered a female child and as such, he is said to have not visited the deceased.

(3.) It is also alleged that father-in-law had extended financial help to Shivaramu to overcome his business loss and for the said purpose they had pledged gold jewellery and got established a factory and yet he was not happy on account of his wife having not given birth to a male child and as such, he started ill-treating her physically arid mentally. It is further alleged that On 25-9-2017 at about 9.30 p.m. complainant received a call from his elder sister Smt. Yashoda informing that Lakshmi had telephoned to her and subsequently her husband Shivaramu had called her alleging that she was only delivering female children and as such, had assaulted her and instructed to leave the matrimonial home so that he would be able to marry for the second time and on account of such ill-treatment given to her she hanged herself and her husband was responsible for the same. Hence, he sought for suitable action being taken against Shivaramu.