Cr§.P.399S.06
IN 'THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 4TH DAY 01? AUGU8'l'h,_2G:§.38 A_1'V. ' '% T 1'
BEFORE "
T!-IE I-IOBPBLE MKJUSTIGE I;;n.;nA:;{-. «
CRIMINAL Pmrrlorz _r'Jo.399'5;'2_.£T>,.._9¥;'§ * . ' "
Between:
1.
S] 0 Sannabasappa
Aged 36 years, ._ .
R] 0 Thimmcnahaiii Xfiflagc, '
Ranebcnnur Taluk, V é . ._
Havcri DiS'£:r~iCt-:§l:\~\.«' _. ,
Sri.Karabasappa, *
VV':}:;a'=.':_ti, "
Smt.Ara*£11i, T_ '
D/oVVvJayaiingaii§i1.,V_ '»
Aged 26y1e'::it§s,_& _ --
R] olvvfiafidigadi = '
Davanégegre ,Dist_Iitad,
'v . . . . . ..
" .12/o Thhnmanahalfi Villagc,
' Ra_r;e'b.(%i1n{1:: 'aluk,
. Haveri §i$t'z»fi:<f:t'."
Mlimjafipé,
S/0 She=;karappa Santa-mavar,
AA Aged 29 years,
R)' Q Thimmanahalli Village,
' 'I-Barlcbennur Taluk,
"l"Iaveri Dismct.
" H Cha13dz'a:r.a' 11,
55/0 Gadegaiah Chavadi,
Aged about 46 years,
R / 0 Saznnasangapur Village,
Ranebennur Taluk, 3
2 ('M L<.._.l_V.
Cri.§'.=§995.06
Cr3.P.3995.{}6
Havczzi District.
11. Sri.Kubarappa,
S / o Channabasappa Totad,
Aged 41 years,
R / 0 Thimmanahalli Village,
Rancbem;t.ur'f'aluk,
Piavezfi District.
(By 81'i.B.V.8omapur & 'A i V .
8ri.R..8.Hegde, Adv)
And:
Smtfihagra, ' W
W/o Karabasappa Karckatti, ' '
Aged 29 years,
R / 0 Thixnmenahalli Vfliage,
R'aneben11ur'}''aJ.uk,s'' ' =: * _
Havcri District __ 2 " RESPONDENTS
[By Sfl.R!agian3z;o!1 au Adv}
¢_ Thi§'«:.p¢j:itiQI1 is "fi§adT...1'mder section 482 Cz'.P.C. by the
éd_vOca.te "for ""1:he ' p¢fi'£;lonez's praying that this i'~£on'b1e Court;
ma}: 1:: p1<:asvr:d~tcr«-sé:'t--. aside the order dateé 18.1 1.2005 passed
by tile Brl.' (."J'z".:'£)V1V:=*.~~.) and I Addl. JM}3'C., Ranebsnnur, in
c.c.No;1o<1e3/2065 'gm: No.3}/O5) and further be: pleased to
'"~'q:1ash tht;_entia'a°, p;:Oceed§n.gs befure the txii-:21 Court.
"--'1'his xécfiifion cemillg on for final hearing, this day, the
4. :'a'.¥=e.d_c the following;
ORDER
The petitioners who are arrayed as accused Nos. 1 to iii
Vshavc: filed this petition 1.1/3 482 challenging the order of issue of
52
CIl.P.3995.%6
process dated 18.11.2005 passed by the Prl. Civil Jygdge
(Jr.{32:1.) and 1″ Add}. JMFC, Ranebennur in C.C.No.1048f20’0E3_
for the offences punishable u/s 109, 494 I’/’W 149 0 ” ‘7’
2. Smtfihagya is the wife of the 1″ ipéfieogei;
She has lodged a eompieint 31/3 200 of o1»i005′;0<&.
alleging commission of the by." the fieeifioeer
punishable under section 109, 4904.?-"1'e,v*7..\5e= IPCI 'Th6-'i€a1'I1fi(?1
Magistrate referred the eompi:éfi.:;zt"u police for
investigafion" éibgti the police suemiited
a report steting.that power to investigate the said
case as it to xofieecee punishable 13/3 109, 494 I"/W
S1}Ch, fii1e…ee;np1ainant examined herself as Cd
Dttzro Wimesses namely Veeranagouda and
V Che;.{1jeei'basepp$ij–aeei={i~2 and Cu?» Iespeetzively.
.4 A'I'¥:1e"s:V<_JAvi*npI.-3111131113: has alleged that the 1*" petitioner
Kéifitibaeseppa is her husband arid that their marriage is
h The 1" petitioner and the 236' petitioner got married
14.02.2005 in a temple in Harihar, that the 3"' petitioner
SI'i.Sa11abasappa is none other than the father of the 15'
/Umu.§.m..
Cr1.P.3995.Ct6
5 o .
petitioner. Petitioners 4 to 11 are the fiiends of*’_Hti*:e”‘<._.I*?-..'{
petitioner. That petitioners 4 to 11 participated in : V'
between the 1" petitioner and the 2.?" .4:nas._V
further alleged that four years pxiori-to
Court, the 15* petitioner was hierpand of = L'
the marriage, a sum of R§§_.75,0{}O_]__-flat_1(i"{:1 Suzuki_AAM_citor Bike
were given as dowry. In was also given.
Out of the wedlock, vthene”‘wa$f That the 13*
petitioner weififoii of one year.
Thereafter; he 3 her and was demanding
additional i ..Viipt1ysically assaulting her and
‘V causing; irnentali V” That the complainant and the 13*
‘v.petitio_ner iiriereiiiiesiding in Thimmanahalli village. Even on the
date Wlieix to the 2″‘ petitioner, the complainant
was Ie’sidir;’g’ the house of the 15* petitio13.er. She was not
of second marriage. That her father–i11–law, the 3″
A had taken her husband for celebrating his marria’ ge.
¥..t_.i_s_;§on 14.02.2005 at about 12 noon she came to lenow about
the same. She had sent words to her father–iu–1aw. She also
informed her reiative Sri.Chenn.abasappa Doddabasappa
/Q Q1 \.-‘\ Ci?w:~V'””””
Cr1.F’.3995.06
6 7 7
iiarekatti. Her relatives went to the place where the
was celebrated. They took an objection for the 1 ”
getting married to the 2″” petitioner. 1?.vez:~._thet1,
ceremony was completed. That her ¢u¥,’1d.eVr
father and mother had A1′? get * it
marrieé to the 2nd petitioner and Aacelelfiéingiy ht” ‘t11_t:iIfAVV*iI1stance
he got married to Arathi, th”e~ Qfifi fkfter marriage, her
husband started Iiving aleflge iijpeititioner in his
parents’ ho11se._. was repeatedly
haxassingifithe go -‘and bring dowry frem her
parents’ houiseii In the she has} lodged a complaint
Ha1ageiieAmiice”‘steition.v’ She also initiated. proceedings for
:i:S};1._e has further stated that the zaarriage of the
was ceiebrated as per the custom prevailing
in theii=..caste. the 19* petitioner and the 2nd petitioner had
the subsistence of her marriage with the 3.”
“‘petiti031e:f, they had committed an ofienee punishahie 11/3 109
‘:”a1:;gi__i’¥94 r/W 149 I?C.
On grerusal of the averments in the complaint and the
sworn statement of the complainant Smtfihagra and
Crl,P.3995.06
8
maxried to the 23°’ petitioner. The same does 1:.1.<;"t': ..
paxficipafion of the other accused persons. ' M
compiainant has made: 0111: a prima -facie. case fof'~vi'ssi1c«.:'0f
preccss oniy as against petitioners 1 'Tfo1;»'fi 1c:–.
punishable 1.1/3 109 and 494 :PC1.fAs sfich? z11¢"v-§n::ger1"e1a1ed
13.11.2005 in c.c.No.104312005:1(:$V;':;;.Nc;;31/.é0GS_1.pa1ésed by
the Pr}. Civil Judge: (Jr. D311 13? Ranebemmr
is quashed in so fa34:_*as_h pefifibfiéijs '/(§\1)ncer1:;cd and
the txial Court case as against
petitionersagl and ,.
6. Wi¥V:hv theL4é:hQVc_dbsAev_tv%1iE1ons, this patition is allowed in
Sd/’1
Judge