Karnataka High Court
Smt.Sheela Shettar vs The State Of Karnataka, on 13 June, 2018
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
CRL.P.No.101019/2016
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF JUNE, 2018
BEFORE
THE HON'BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.101019/2016
BETWEEN:
SMT.SHEELA SHETTAR W/O MAHANTESH SHETTAR,
D/O SHRI SIDDAPPA F. TILAGANJI,
AGED ABOUT 31 YEARS,
AT PRESENT RESIDING AT
NO.47, S-2, GS PARADISE APARTMENTS,
1ST CROSS, VGNAN NAGAR, BANGALURU-560075.
... PETITIONER
(BY GANGADHAR J.M., ADV.)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF HOME, NO.219, 2ND FLOOR,
VIDHANA SOUDHA, BANGALORE-560 001.
2. THE STATION HOUSE OFFICE,
HAL POLICE STATION, HAL,
BANGALURU-560 037.
3. THE STATION HOUSE OFFICER,
HUBLI SUB URBAN POLICE STATION,
NORTH SUB DIVISION, HUBBALLI-580 020.
4. THE STATION HOUSE OFFICER,
WOMEN'S POLICE STATION,
NORTH SUB DIVISION, HUBBALLI-580 020.
5. SHRI MAHANTESH SHETTAR
S/O SRI.CHANDRASHEKAR M.SHETTAR,
CRL.P.No.101019/2016
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AGED ABOUT 35 YEARS,
R/O #9, KUMBAKONAM PLOTS,
(NEAR GUJARAT BHAVAN),
3RD MAIN ROAD, DESHPANDE NAGAR,
HUBBALLI-580 023.
6. CHANDRASHEKHAR M.SHETTAR,
S/O MALLESHAPPA SHETTAR,
AGED ABOUT 60 YEARS,
NEAR GUJARAT BHAVAN,
DESHPANDE NAGAR, HUBBALLI-580 023.
7. SHASHIKALA C.SHETTAR,
W/O CHANDRASHEKHAR M.SHETTAR,
AGED ABOUT 56 YEARS,
NEAR GUJARAT BHAVAN,
DESHPANDE NAGAR, HUBBALLI-580 023.
8. NANDA ULLAGADDI,
W/O CHANDRASHEKHAR ULLAGADDI,
AGED ABOUT 38 YEARS,
17228, OVERSTONE CRESCENT,
CHARIOTTE, 20277-3153.
9. SUSHMA PATTANASHETTY,
C/O SHIRISH PATTANASHETTY,
AGED ABOUT 55 YEARS,
R/O NO.A-1, 801, JAI VIVA SOCIETY,
LINK ROAD, ANDHERI(W),
MUMBAI-560 056.
10. SHEETAL SHETTAR,
D/O CHANDRASHEKAR SHETTAR,
AGED ABOUT 26 YEARS,
R/O MODI STORES LIMITED,
SALTENEY GERRY, POST OFFICE,
3 MAINWARING DRIVE, CHESTER-CH4 OAX,
UNITED KINGDOM.
... RESPONDENTS
(SRI.PRAVEEN K.UPPAR, HCGP FOR R1 TO R4,
SRI.AJAY U.PATIL, ADV. FOR R5 TO R7,
R8 TO R10 ARE DELETED V/O/D 26.07.2017)
THIS PETITION IS FILED U/S 407 OF Cr.P.C. PRAYING TO
CALL FOR RECORDS IN CRIMINAL CASE NO.2326/2015 PENDING
CRL.P.No.101019/2016
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CONSIDERATION FOR OFFENCES OF 498-A, 323, 504 READ WITH
149 OF IPC PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE
(JUNIOR DIVISION) AND JUDICIAL MAGISTRATE FIRST CLASS AT
HUBLI-DHARWAD AND TRANSFER THE CASE IN CRIMINAL CASE
NO.2326/2015 PENDING CONSIDERATON FOR OFFENCES OF 498-
A, 323, 504 READ WITH 149 OF IPC PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE (JUNIOR DIVISONI) AND JUDICIAL
MAGISTRATE FIRST CLASS AT HUBLI-DHARWAD TO
METROPOLITAN MAGISTRATE TRAFFIC COURT-I MAYO HALL,
M.G.ROAD, BANGALORE OR ANY OTHER COURTS IN BANGALORE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The present petitioner who is the complainant in C.C.No.2326/2015 pending before the learned Principal Civil Judge and JMFC, Hubballi-Dharwad has preferred this petition under Section 407 of Cr.P.C. seeking transfer of the said C.C.No.2326/2015 from the existing Court to MMTC-1, Mayo Hall, M.G. Road, Bengaluru.
2. It is the contention of the petitioner that her complaint lodged with respondent No.2-police station at Bengaluru without valid reason transferred to respondent No.3 and thereafter to respondent No.4, which is Women's Police Station at Hubballi, which has filed the charge sheet in this case. She contends that she is wife of CRL.P.No.101019/2016 :4: respondent No.5, who is accused in the present criminal case under consideration. She has also filed one more case against him in Crl.Misc.No.53/2015 pending on the file of the MMTC-1, Mayo Hall, M.G.Road, Bengaluru under the Protection of Women against Domestic Violence Act, 2005. She has contended that she being the resident of Bengaluru and her parents who are material witnesses in this case are also in Bengaluru, the convenient place for the trial would be at Bengaluru. She further states that there is a life threat to her by respondent No.5, i.e., her husband. She is facing a life threat by respondent No.5, as such, in the interest of her safety also, the case is required to be transferred to Bengaluru.
3. Respondent Nos.1 to 4 are being represented by learned Government Pleader and respondent Nos.5 to 7 are being represented by their learned counsel.
4. The learned counsel for respondent Nos.5 to 7 while reiterating the contentions taken up by respondent CRL.P.No.101019/2016 :5: Nos.5 to 7 in their statement of objections contended that the contents of the complaint made against the respondents are bereft of any merit. It is only to harass the respondents, a false complaint has been foisted against them. It is further stated that, it is only to harass the respondents, who also includes aged persons, the petitioner has intentionally filed the present petition. The learned counsel for the respondent further submitted that the petitioner herself is residing at Hubballi, but not at Bengaluru.
5. A perusal of the petition as well the complaint lodged in this crime go to show that the complainant has shown her place of residence as at Bengaluru. Admittedly, original complaint was filed at HAL Police Station, Bengaluru, which subsequently probably based upon the place of alleged incident was transferred to respondent No.3 and then considering that the complainant was a lady, the matter was further transferred to respondent No.4, which is a Women's Police Station. As such, it is the CRL.P.No.101019/2016 :6: said police station which has completed the investigation and filed the charge sheet in the matter.
6. It is the contention of the petitioner that, against the same respondent No.5 i.e., her husband, she has also filed a case in Crl.Misc.No.53/2015 alleging the offences under the Protection of Women against Domestic Violence Act, 2005, which is pending in the Court of MMTC-1, Mayo Hall, M.G.Road, Bengaluru. The said aspect has not been denied or disputed by the respondents. It is the specific contention of the respondents that, no grounds attracting Section 407 of Cr.P.C., has been made out by the petitioner. No doubt the petitioner in her petiton does not make any allegation against the Court, which is trying the case now. However, the only ground taken by the petitioner is regarding the general convenience, added to that, alleged life threat by respondent No.5, who is none else than her husband.
The Voter ID produced by the learned counsel for the petitioner for verification and return also shows that the CRL.P.No.101019/2016 :7: petitioner has shown her place of residence at the address as shown in the cause title to the present petition. In the said document, it can be inferred at this stage that, she is a resident of Bengaluru. When the alleged offence in the case are under Section 498-A, 323 and 504 r/w Section 149 of IPC, the family members of the complainant may also be important witnesses. According to the present petitioner, her parents who are residents of Bengaluru are also charge sheet witnesses. Even though the parents of respondent No.5 are also equally aged persons, however, considering the fact that charge sheet witnesses are from Bengaluru where the alleged victim in the alleged offence resides, the general convenience leans in their favour. As such, without going to the aspect of life threat said to have been posed by the accused upon the complainant, in regard to which there are no material at this stage, suffice it to say that the general convenience tilts in favour of the petitioner for transfer of the case from Hubballi Court to the Competent Court at Bengaluru. By doing so, no CRL.P.No.101019/2016 :8: prejudice would be caused to the interest of the accused/respondents. As such, I proceed to pass the following:
ORDER
(i) The petition is allowed in part.
(ii) The case bearing C.C.No.2326/2015 said to be pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC, Hubballi-Dharwad has been withdrawn and is made over to the Chief Metropolitan Magistrate, Bengaluru.
(iii) The petitioner and respondent Nos.5 to 7 herein shall appear before the said Court without anticipating any fresh notice from the said Court on 16.07.2018 at 11.00 a.m. The transferee Court shall proceed in the matter as per law and dispose of the same in accordance with law.
(iv) In the meantime, registry to transmit a copy of this order to both the Courts, i.e., Principal Civil CRL.P.No.101019/2016 :9: Judge (Jr.Dn.) and JMFC, Hubballi-Dharwad and to the Chief Metropolitan Magistrate, Bengaluru.
(v) Principal Civil Judge (Jr.Dn.) and JMFC, Hubballi-Dharwad shall transmit the entire records to the Chief Metropolitan Magistrate, Bengaluru immediately after receipt of copy of this order.
Sd/-
JUDGE MBS/yan