SANJUKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Cr.P.C. seeking to quash the entire proceedings pending against the petitioner in S.C.No.168/2018 on the file of V Addl. Sessions Judge, Kalaburagi in Crime No.136/2010 of Women Police Station for the offences punishable under Sections 498A, 306 R/w 149 of IPC.

(2.) The brief facts of the case leading to filing this petition are as follows:

(3.) It is further stated that accused No.2 to 6 who were tried for the common allegations of giving harassment to the deceased were acquitted of all the charges, since all the prosecution witnesses completely turned hostile and denied all the suggestions made by the public prosecutor in their cross examination. The copy of the judgment and order acquitting accused No.2 to 6 by learned V Addl. Sessions Judge at Kalaburagi in S.C.No.267/2015 dated 24.04.2018 is produced herewith. The petitioner due to deep depression and mental disturbance due to the death of his wife left for religious places for more than 7 years and now he is traced out. Accused No.2 to 6 who were against the marriage of the petitioner with deceased Krithika who had given much mental torture and harassment leading to suicide of wife. All the allegations and evidence on record are inseparable in nature and other co-accused already been acquitted by the Sessions Court after complete trial with no witness supporting the prosecution case. Therefore, there is no chance of conviction of the petitioner. In the similar circumstances, there are ample number of decisions rendered by the Hon'ble Supreme Court and Hon'ble High Court in which it was held that when evidence on record are inseparable in nature and co-accused already been acquitted, there is no chance of conviction of the petitioner. Therefore, the entire proceedings pending against the petitioner in S.C.No.168/2018 on the file of V Addl. Sessions Judge at Kalaburagi be quashed.