Karnataka High Court
Sri Umesha vs The State Of Karnataka on 7 June, 2013
Author: H.S.Kempanna
Bench: H. S. Kempanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 07TH DAY OF JUNE, 2013
BEFORE
THE HON'BLE MR. JUSTICE H. S. KEMPANNA
CRIMINAL PETITION NO. 3069/2009
BETWEEN:
1. SRI. UMESHA
S/O SRI. JAYANNA
AGED ABOUT 34 YEARS
2. SRI. JAYANNA
S/O LATE SIDDAPPA
AGED ABOUT 60 YEARS
3. SMT. LALITHAMMA
W/O SRI. JAYANNA
AGED ABOUT 56 YEARS
4. SRI. RAJA
S/O SRI. JAYANNA
AGED ABOUT 32 YEARS
ALL ARE R/O MAKANAHALLI
AJJAMPURA HOBLI
TARIKERE TALUK
CHIKMAGALORE DISTRICT
... PETITIONERS
(BY: SRI. G.S. BALAGANGADHAR, ADVOCATE.)
2
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
AJJAMPURA POLICED STATION
TARIKERE TALUK
CHIKMAGLORE DISTRICT
BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE
2. B.H. KARISIDDAIAH
S/O LATE HAMPAIH
AGED ABOUT 55 YEARS
COOLIE, BANDIHALLI VILLAGE
SULEKERE POST
ARASIKERE TALUK
HASSAN DISTRICT
... RESPONDENTS
(BY: SRI. VIJAYAKUMAR MAJAGE, HCGP FOR R1,
SRI. A.M. BALAJI, ADVOCATE, FOR R2)
THIS CRIMINAL PETITION FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C. No. 118/2008 (CRIME No.
121/2008) OF AJJAMPURA POLICE STATION,
TARIKER, CHIKMAGALORE DIST.,), PENDING ON THE
FILE OF THE CIVIL JUDGE (JR.DN.) AND ADDITIONAL
JMFC, TARIKER, CHIKMAGALORE DISTRICT.
THIS PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioners in this petition filed under Section 482 of Cr.P.C. have sought for quashing the proceedings in C.C. No. 118/2008 pending on the file of JMFC, Tarikere, registered for the offence punishable under Section 498A R/w 34 of IPC.
2. The facts leading to this case are:-
The first respondent police on the basis of first information dated 26.08.2008 filed by the second respondent D.H. Karisiddaiah registered case in Crime No. 121/2008 for the offence under Section 498A r/w Section 34 IPC against the petitioners and took up investigation. The said police on completion of investigation submitted final report against the petitioners before the Civil Judge (Jr.Dn.) and Additional JMFC, Tarikere, alleging that they have committed the offences punishable under Section 498A 4 r/w 34 IPC upon which C.C. No. 118/2008 came to be registered.
3. It is the case of the prosecution that these petitioners who are the husband, in-laws and brother- in-law of the deceased Smt. Rekha, who is the daughter of the complainant had subjected her to cruelty and harassment both mentally and physically in her marital home and therefore have committed the aforesaid offence.
4. Learned counsel for the petitioners contends, the entire police report now placed on record do not make out any case against any of these petitioners for the offence alleged. He submitted that the deceased Smt. Rekha in the case, according to the prosecution on 01.08.2008 while she was preparing coffee in the marital home, slipped, fell down in which process, the kerosene stove tilted, on account of which she caught fire, sustained burn injuries and thereafter was removed 5 to the hospital for treatment. At the hospital her statement was recorded, which is at Annexure-D at page No.29. That statement of the deceased does not reveal any ill-treatment having meeted out to her either mentally or physically by any of these petitioners. It also discloses that the burns she sustained are accidental and the petitioners have no role in the same. The complainant who is her father has come to the hospital on the very day and has spoken to his daughter. At that time the deceased has not whispered a word about the alleged cruelty and harassment meeted out to her by the petitioners before him. Subsequently the deceased has expired on 13.08.2008, but no steps have been taken to register the case for the offences either under Section 304B or for the offence under Section 306 of IPC against any of these petitioners. On the date of death also the complainant has not chosen to file any complaint. It is only on 26.08.2008 the complainant has filed the complaint 6 before the police alleging that his daughter, the deceased had been subjected to cruelty and harassment both mentally and physically and that he came to know through his daughter Smt. Nanjamani CW3 and his son-in-law, CW4, Sri. Shivakumar. He further submits the statements of CWs 3 and 4 have come to be recorded on 07.11.2008 nearly about three months after the occurrence and about two months after the filing of the complaint. Since the statement of the deceased which has been recorded the very next day of occurrence on 02.08.2008 does not reveal that she had been subjected to cruelty and harassment by any of these petitioners and as it also does not reveal that they are responsible for her sustaining burn injuries while she was preparing coffee, the allegations that are now made and projected by the prosecution that they have subjected the deceased to cruelty and harassment cannot be believed and in view of the dying declaration of the deceased no purpose would be served by putting 7 the petitioners on trial. Therefore he sought for quashing of the proceedings against these petitioners.
5. Per contra, learned High Court Government Pleader submitted the first information filed by the father of the deceased coupled with the statements of CWs 3 and 4 would clearly go to show that the deceased had been subjected to cruelty and harassment. It is too premature to discard their version at this stage. Therefore the proceeding do not require to be quashed. Hence the petition be dismissed.
6. The material on record reveal that the occurrence has taken place on 01.08.2008 in the house of these petitioners. The statement of the deceased Smt. Rekha has been recorded by the first respondent - police on 02.08.2008, while she was undergoing treatment in the hospital on the very next day of the occurrence. That statement of the deceased does not reveal any acts of ill-treatment meted to her by the 8 petitioners. It also reveals that the petitioners have no nexus of what so ever with the burn injuries that she has sustained in the marital home while preparing coffee. It is only on 26.08.2008 for the first time, the father of the deceased comes out with the version of the alleged ill-treatment meted out to his daughter. That first information report also reveals that he came to know about the same through his daughter and son-in- law who are CWs 3 and 4 while they were talking to each other. The statements of the said witnesses namely CW3 and CW4 has been recorded on 07.11.2008, nearly about three months after the occurrence, i.e., after the occurrence which taken place on 01.08.2008. The statement of the deceased dated 02.08.2008 at this stage assumes the character of dying declaration, that stands on higher pedestal than that of the first information filed by the complainant and that of the statements of two witnesses namely CWs 3 and 4. Since that statement does not reveal any acts of ill- 9 treatment meted out by the petitioners to the deceased, it is difficult to rely upon the first information and the statements of CWs 3 and 4 respectively to hold that the petitioners had subjected the deceased to cruelty and harassment in her marital home. In my view, having regard to the material now on record, putting the petitioners on trial would be gross abuse of the process of the court. In that view of the matter, I pass the following ORDER
1. Petition is allowed.
2. The proceedings in C.C. No. 118/2008 pending on the file of the Civil Judge (Jr.Dn.), and additional JMFC, Tarikere, is hereby quashed.
Sd/-
JUDGE Bsv