Karnataka High Court
Sri Sanal Kumar vs Dr Anitha Eradi A on 25 August, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
CRL.P No. 6301 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6301 OF 2020
BETWEEN:
1. SRI SANAL KUMAR
S/O SRI UNNIKRISHNAN K M
AGED ABOUT 37 YEARS
2. SRI UNNIKRISHNAN K M
S/O LATE MANUVIKRAMAN THAMPAN
AGED ABOUT 67 YEARS
3. SMT P RADHA
W/O SRI UNNIKRISHNAN K M
AGED ABOUT 71 YEARS
ALL ARE R/AT:
NO.207, SHREE RAGHA RESIDENCY
7TH CROSS, VIJAYA BANK COLONY
KRISHNARAJAPURAM
BENGALURU - 560 036.
...PETITIONERS
Digitally signed by (BY SRI. C PATTABI RAMAN, ADVOCATE)
PADMAVATHI B K
Location: HIGH COURT
OF KARNATAKA AND:
1. DR. ANITHA ERADI A
W/o SANAL KUMAR
D/O SRI SYAMALAVARNAN ERADI
AGED ABOUT 34 YEARS
R/AT NO.38, PARIMALA NALAYAM
9TH CROSS, VIJAYA BANK COLONY
KRISHNA NAGAR, K R PURAM
BANGALORE-560 016.
-2-
CRL.P No. 6301 of 2020
2. STATE OF KARNATAKA
BY K.R PURAM POLICE STATION,
K.R PURAM,
BANGALORE - 560 016.
REP: BY SPP
HIGH COURT BUILDING
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI K.S. ABHIJITH, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE
PROCEEDINGS IN C.C.NO.54387/2018 IN RESPECT OF THE
PETITIONERS PENDING ON THE FILE OF THE X A.C.M.M, MAYO HALL,
BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question the proceedings in C.C.No.54387/2018 arising out of Crime No.703/2017, registered for offences punishable under Sections 498A, 323, 504, 506, 342 and 354 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard the learned counsel Sri.C.Pattabi Raman, appearing for the petitioners and Sri.K.S.Abhijith, the learned HCGP for respondent No.2.
-3- CRL.P No. 6301 of 20203. Before embarking upon the consideration of the case on its merit, I deem it appropriate to notice the relationship between the parties to the lis. Respondent No.1 is the complainant - wife of accused No.1/petitioner No.1 - husband, Sri.Sanal Kumar. Petitioner Nos.2 and 3 are the father-in-law and mother-in-law of the first respondent. The first petitioner and the first respondent get married on 27.04.2009 and the relationship between the first petitioner and the first respondent appears to have turned sour on account of certain dispute or allegations between the members of the family, the petitioners herein and the complainant - respondent No.1 herein. Based upon the said grievance or allegations, the complainant registers a complaint on 11.12.2017, which becomes a crime in Crime No.703/2017 for offences punishable as afore-quoted.
4. The Police after investigation filed a charge sheet in the matter. The filing of the charge sheet is what drives the petitioners to this Court in the subject petition -4- CRL.P No. 6301 of 2020 seeking quashment of the entire proceedings in C.C.No.54387/2018.
5. The learned counsel appearing for the petitioners would submit that the allegations, if at all are made are all against the husband and there are none against the father-in-law and mother-in-law, who are aged 71 and 67 years respectively and are suffering from such ailments and would be incapable of performing any of the overt act that are alleged against the petitioners and would seek quashment of the proceedings at least against the father-
in-law and mother-in-law leaving out the husband -
petitioner No.1.
6. The learned HCGP would however refute that submissions to contend that the allegations are grave and it is a matter of trial for the petitioners to come out clean.
7. I have given my anxious consideration to the contentions of respective learned counsel and have perused the material on record.
-5- CRL.P No. 6301 of 20208. The afore-quoted factum of marriage between the parties is not in dispute. A complaint is registered by the first respondent - complainant on an allegations of inhuman torture by the petitioners herein against her. The complaint so registered reads as follows:
"From, Dr. Anitha Eradi A No.38, Parimala Nilayam Krishan nagar 9th Cross, Vijaya Bank Colony K.R. Puram Mob: 9902533008 To.
The Inspector of Police K.R. Puram Police Station Sir, Sub: Dowry Harassment and Physical and mental Torture.
I was married to Sanal Kumar K on
27-04-2000 S/o. K.M. Unnikrishnan, Anawara,
Kothakurissi Ottapalam Palakkad Dist-Kerala
679501 who is presently working as manager in Indusland Charted Bank Whitefield. Senal kumar K (Husband), Door No. 207, Shree Ragha residency, -6- CRL.P No. 6301 of 2020 7th cross, Vihaya bank Colony, K.R. Puram, Ph. No. 7892687998.
Just after marriage demand a flat on his name of 25 lakhs. 1 lakh rupees as cash was paid to him, my father gave 60 severance of gold ornaments. When he tried to sell my ornaments my father asked to return them and he returned. Flat was bought in my name, my husbands name and father is laws name my husband always torture me to transfer my right and in the property to his name and return back the ornaments. He beaten me with chappal, pin, broom stick, forced to eat me rotten sanitary pad, and used to locked in the room without food and water. Even my daughter used to get beaten. On 5.09.17 he hit me with hammer. On 15.09.17 he hit my head against wall when 1 refused to return my ornaments and transfer my right to close the clinic and refused to pay him 40 lakhs for the flat in K.R. Puram. K. M. Unnikrishna (Father in law) He along with my husband combelled me for transfer my right in the property to my husband's name and return my ornaments. He snatched -7- CRL.P No. 6301 of 2020 1 lakh rupees from me and deposited in his account.
He tried to sexually assault me several times. Revengefully he assaulted my daughter also. He forcefully taken my signature on blank stamp paper many times. He asked me to sell my father's property and give to his son ( Sanal Kumar) on 15.09.17 he attacked me along with his son and wife for returning to return my ornaments, right in the flat and 40 lakhs for flat.
P.Radh (Mother in law) She demanded ornaments from my mother she wants to know sex of my child and wanted me about the foetus if it was a girl child she along with son demanded to buy a car and bike. She used to injected sedative medicine. (on 5.09.17) night she injected some medicine on my hand forcefully with the help of my husband and father-in-law met with an accident.
He used to hit my daughter in chappals wheel on 15.09.17 she along with her husband and son attacked me when I refused to transfer my right in the property, return my ornaments and 40 lakhs for the flat. It is requested to take necessary action against my husband and his parents.-8- CRL.P No. 6301 of 2020
K.R. Puram Your's faithfully
Sd/-
Dr. Anitha Eradi. A
Detailed complaint is attaché here along with photograph.
ಾಂಕ: 11-12-17 ರಂದು 14-15 pm ಗಂ ೆ ಸಮಯದ ಾ ದು ಾರರು ೊಟ ದೂರನು ಪ ೆದು ಾ ಾ . ಸಂ!ೆ":
703/17 U/S 498(a), 323, 324, 504, 506 R/w. 34 IPC and Sec 3 & 4 D.P. Act #ೕ%ಾ" ೇಸು ಾಕಲು 'ಾ(ರು%ೆ)"
(Emphasis added)
9. The narration in the complaint is that the complainant at the time of her studies or being a junior resident was meted out such torture on the ground of demand of dowry and also narrates graphic detail about what the father-in-law, husband and mother-in-law who have individually meted out against the petitioners.
10. The Police after investigation filed a charge sheet. Column No.7 of the charge sheet reads as follows:
" ಅಂಕಣ 6 ರ ನಮೂ ,ರುವ 2 ಮತು) 3 ೇ /ಾ0ರವರು ತಮ1 ಮಗ2ಾದ 1 ೇ /ಾ0ರವ#3ೆ ಮದು4ೆ 'ಾಡುವ ಪ6ಯತ ದ ದು7, ಸಂಬಂಧವನು ಹುಡುಕು;) ಾ7ಗ 2008 ೇ /ಾ ನ ೇರಳ -9- CRL.P No. 6301 of 2020 'ಾ"ಟ6ಮ=ಯ> ಾ? ಕಂನ 4ೈA /ೆ?ನ ೋBಾCೋಪ ಾ ಪD ಯ ಾಲಂ ನಂ 4 ರ ನಮೂ ,ರುವ 1 ೇ ಆCೋ ಮತು) ಆತನ ಕುಟುಂಬದವರು 2008 ೇ /ಾ ನ ನ4ೆಂಬF ;ಂಗಳ ಪ#ಚಯ4ಾH ಅ ೇ 2008 ೇ /ಾ ನ (/ೆಂಬF ;ಂಗಳ 2 ಮತು) 3 ೇ /ಾ0ರವರ ಮ ೆಯ 1 ೇ /ಾ0 Iಾಗೂ ವರ ಾದ 1 ೇ ಆCೋ ರವರ ಮದು4ೆಯ 'ಾತುಕ%ೆ 'ಾ(ದು7, 'ಾತುಕ%ೆಯ ಸಮಯದ ವರ ಾದ 1 ೇ ಆCೋ Iಾಗೂ ಈತನ ತಂ ೆ %ಾKಯCಾದ 2&3 ೇ ಆCೋ ಗಳL, ವರದ0M ಹಣ ಾNH ಆ/ೆಪಡುವ ಜನರಲ4ೆಂದು ವರದ0 ೆ Pೇಡ4ೆಂದು IೇQ, ಚ ೆ ೖ ಕ ೆಯ ,Dಯ ಅRಾ? SಂDನ ಒಂದು Rಾ? ವರದ ಮ ೆಯನು ೊ(, ತಮ1ಗಳ Iೆಸ#3ೆ #U/ಾ F 'ಾ( ೊಡುವಂ%ೆ ಅಲ ೆ ಸಂಪ6 ಾಯದಂ%ೆ ಒಡ4ೆ ವಸು)ಗಳನು ವರದ0 ೆ ರೂಪದ =ೕ( ಕVಾ"ಣ ಮಂಟಪದ ಅದೂ7# ಾH ಮದು4ೆ 'ಾ( ೊಡುವಂ%ೆ Pೇ( ೆ ಇD ದು7. ತಮ1 ಮಗಳL ಕಲಂ ಸುಖ4ಾHರVೆಂದು 2 ಮತು) 3 ೇ /ಾ0ರವರು 1 ೇ ಆCೋ ಮತು) ಆತನ ತಂ ೆ %ಾKಗ2ಾದ 2,3 ೇ ಆCೋ ಗಳ 'ಾ;3ೆ ಒ Z ೊಂಡು Rಾ?' ಮ ೆಯನು ಮುಂ ನ ವಷ 4ೇ ೊ(, ೊಡುವ\ ಾH ಸದ" ೆN ಒಡ4ೆಗಳನು ೊಟು ಶ^) _ೕ# ಮದು4ೆ 'ಾ( ೊಡುವ\ ಾH IೇQ ಅದರಂ%ೆ ಓVೆ ಜುಮ^, ೆ ೇa, bೈನ, ೈ ಬ2ೆಗಳL ಉಂಗುರಗಳL /ೇ#ದಂ%ೆ dನ ದ ಒಡ4ೆಗಳನು ವಧು4ಾದ 1 ೇ /ಾ0ರವರ Sೖ SೕVೆ Iಾ^, ವರ ಾದ 1 ೇ ಆCೋ 3ೆ Pಾ6aVೈ?, ಕ;)ನ bೈe ಉಂಗುರಗಳL /ೇ#ದಂ%ೆ dನ ದ ಒಡ4ೆಗಳನು ವರದ0M ರೂಪದ =ೕ( 3ೊತು) 'ಾ(ದ7ಂ%ೆ : 27-04-2009 ರಂದು ೇರಳದ ಮಲಪ\ರಂ UVೆ ಪ#ಯಂ%ಾ> ನನ ಕ ೆKರುವ f^N ಕಮು"=D Iಾ> ಕVಾ"ಣ ಮಂಟಪದ 1 ೇ /ಾ0ರವರನು 1 ೇ ಆCೋ ರವCೊಂ 3ೆ ಮದು4ೆ 'ಾ( ೊDದು7, ಮದು4ೆ ಾದ ನಂತರ1 ೇ /ಾ0ರವರು ತನ ಗಂಡ ಾದ 1 ೇ ಆCೋ ರವCೊಂ 3ೆ Pೆಂಗಳg#ನ ೆ.ಆF.ಪ\ರ ೕa ಾ ಾ ಸರಹ 7ನ ಕೃಷi ನಗರ fಜ ಾ Pಾ"ಂj ಾVೋ=ಯ 9 ೇ ಾ6a ಕ ೆಯ ನಂ 38 ಪ#ಮಳ =ಲಯ k lಂm ಮ ೆಯ 4ಾಸ 'ಾ( ೊಂಡು ಗೃnM ಾH /ಾಂಸ#ಕ Uೕವನ ನ ೆ, ೊಂ(ದ7ಲ ೆ,
- 10 -CRL.P No. 6301 of 2020
!ಾಸH ಾH ಆಯು 4ೇ j 4ೈ ೆ" ಾH ೆಲಸ 'ಾ( ೊಂ(ದು7 ಇವCೊಂ 3ೆ 1 ೇ /ಾ0ರವರ 'ಾವ ಅ%ೆ) ರವCಾದ 2 ಮತು) 3 ೇ ಆCೋ ಗಳL ಸಹ 4ಾಸ4ಾHದ7ರು.
1 #ಂದ 3 ೇ ಆCೋ ಗಳL ನಂತರದ 1 ೇ /ಾ0ರವ#3ೆ =ನ ತಂ ೆ %ಾKಗQಂದ ವರದ0 ೆ ರೂಪದ Rಾ? ಮ ೆಯನು ತನ Iೆಸ#3ೆ #Uಸ F 'ಾ(, ೊಡುವಂ%ೆ =ೕನು ದ#ದ6ದವಳL =ಮ1ದು7 ದ#ದ6 ಸಂಬಂಧ 'ಾ;ನಂ%ೆ =ನ ತಂ ೆ %ಾKಗಳL ನ ೆದು ೊಳLp;)ಲ4ೆಂದು nೕ ಾಯ4ಾH Pೈದು 'ಾನ,ಕ Iಾಗೂ ೈnಕ ^ರುಕುಳ =ೕಡು;)ದು7, ಈ ^ರುಕುಳದ fಷಯ ;Qದ 2 ಮತು) 3 ೇ /ಾ0ರವರು ಆCೋ ಗಳ ಒ%ಾ)ಯ ೆN ಒ Z ೊಂಡು 25 ಲq ಹಣ ೊಟು ತ_ಳL ಾಡು bೋVೈSೕಡು, ಕಸೂ)#PಾK ,rೕ? ಕ ೆಯ ಆRಾ? Sಂಟನ 1 ೇ ಮಹ(ಯ 4ಾಸರ Rಾಟನು ಖ#ೕ , 1/ಾ0 Iಾಗೂ 1 ೇ ಆCೋ ರವರ Rಾಟನು ಾಂಕ 04-01-2010 ರಂದು ಜಂD ಾH #Uಸ F 'ಾ(, ೊDರು%ಾ)Cೆ.
1 #ಂದ 3 ೇ ಆCೋ ಗಳ ಅRೇsೆಯಂ%ೆ ವರದ0M ರೂಪದ Rಾ? ಮ ೆಯ ಸtತ)ನು Iಾಗೂ ಒಡ4ೆ ವಸು)ಗಳನು ೊDದ7ರು ಸಹ 1 #ಂದ 3 ೇ ಆCೋ ಗಳL ಆHuಂ ಾ3ೆu 1 ೇ /ಾ0 ರವ#3ೆ ಮದು4ೆಯ ಸಮಯದ ತನ ತಂ ೆ %ಾKಗಳL ೊDದ7 dನ ದ ಒಡ4ೆಗಳನು ತಮ3ೆ ೊಡುವಂ%ೆ ಬಲವಂತ4ಾH %ೆ3ೆದು ೊಂಡು ತಮ1 ಸುಪ ಯ vೕ ಇಟು ೊಂಡು ಒಡ4ೆಗಳನು ತಮ1 ಸtಂತ ೆN ಬಳ, ೊಳLp;)ದು7, ಒಡ4ೆಗಳನು ವRಾಸು ೊಡುವಂ%ೆ 1 ೇ /ಾ0ರವರು ೇಳ ಾಗVೆಲ ದ#ದ6 Iೆಂಗಸುw ಸೂ2ೆ ಮುಂ ೆ =ೕನು ಎಂ ೆVಾ nೕ ಾಯ4ಾH =ಂ , 'ಾತ ಾಡು;)ದ7Vೇ 1 ೇ /ಾ0 ಮತು) 1 ೇ ಆCೋ ಯ ಜಂD Iೆಸ#ನ ದ7 yಾ? ಸt;)ನ ಮ ೆಯನು %ಾ4ೇ ಅಕ6ಮ4ಾH %ೆ3ೆದು ೊಳpಲು 1 #ಂದ 3 ೇ ಆCೋ ಗಳL ಆ3ಾu3ೆu 1 ೇ /ಾ0 ರವ#3ೆ Iೊ ೆದು !ಾ /ಾ ಂz RೇಪFಗಳ ಸn 'ಾ( ೊಡುವಂ%ೆ ಒ%ಾ)ಯ 'ಾ( ಾಗ ಅದ ೆN =Cಾಕ#,ದ 1 ೇ /ಾ0ರವ#3ೆಸ# ಾH ಊಟ ;ಂ( ೊಡ ೆ ಸು'ಾರು 10 ನಗಳ ಾಲ ಮ ೆಯ ರೂ_ನ 1 ೇ
- 11 -CRL.P No. 6301 of 2020
/ಾ0 Iಾಗೂ 1 ೇ /ಾ0 ರವರ ಮಗ2ಾದ 4 ೇ /ಾ0ರವರನು ಅಕ6ಮ4ಾH ಕೂ(Iಾ^ ಬಲವಂತ4ಾH 1 ೇ /ಾ0ರವ#ಂದ ೆಲ4ಾರು !ಾ /ಾ ಂz RೇಪFಗಳ ಮತು) Pಾಂj bೆjಗಳ3ೆ ಸn 'ಾ(, ೊಂ(ರು%ಾ)Cೆ. ಇದಲ ೆ 2 ೇ ಆCೋ ಯು ಆ3ಾu3ೆu 1 ೇ /ಾ0ರವರ Sೖ ೈ ಮತು) ೇಹದ |ಾಗಗಳನು ತನ ೈKಂದ ಸವರುತ) VೈಂHಕ ೌಜ ನ" ಎಸಗು;)ದು7ದ7ಲ ೆ %ಾನು Iೇಳದಂ%ೆ ೇಳ ೆ IೋದCೆ =ನ ನಡ%ೆಯ ಬ3ೆu ಸಂಶಯಬರುವ #ೕ;ಯ =ನ ಗಂಡ=3ೆ IೇQ =ನ ನು ಮತು) =ನ ಮಗುವನು kೕ Rಾಲು 'ಾ( ಮ ಾ ೆ %ೆ3ೆಯು%ೆ)ೕ ೆಂದು Iೆಸ#,ರು%ಾ)Cೆ. 3 ೇ ಆCೋ %ೆ ರವರು ಸಹ ೈಗQಂದ 1 ೇ /ಾ0ರವ#3ೆ ಆ3ಾu3ೆu Iೊ ೆಯುತ) =ನ ತವರು ಮ ೆKಂದ ವರದ0M ರೂಪದ =ನ %ಾK ಬQKರುವ ಒಡ4ೆಗಳನು %ೆ3ೆದು ೊಂಡು Pಾ ಎಂದು Iಾಗೂ ತನ ಮಗ=3ೆ ಒಂದು Pೈj 3ಾ(ಯನು ಕೂ(ಸುವಂ%ೆ Pೆದ#, ^ರುಕುಳ =ೕ(ರು%ಾ)Cೆ. 1 ೇ ಆCೋ ಯು ಸಹ ವರದ0 ೆ ರೂಪದ ಹಣ ಒಡ4ೆ ವಸು)ಗಳನು ತರ ೆ ಇದ7Cೆ ಮ ೆ kಟು Iೋ3ೆಂದು ಜಗಳ %ೆ3ೆದು ಮ%ೆ) ಾಂಕ 05-09-2017 ರಂದು Cಾ;6 ಸು'ಾರು 9-00 ಗಂ ೆಯ ೈಗQಂದ Iೊ ೆದು ಮ ೆಯ ರೂ_ನ ಕೂ(Iಾ^ದು7, ಆ ಸಮಯದ ತನ3ೆ ಹ,4ಾH ೆvಂದು ಊಟ ೊ( ಎಂದು 1 ೇ /ಾ0ರವರು ಅಂಗVಾd Pೇ( ೊಂ ಾಗ 1 #ಂದ 3 ೇ ಆCೋ ಗಳL ಸೂ2ೆ ಮುಂ ೆ =ನ3ೆ ಇದ^Nಂತ ಒ2ೆpಯ ಊಟ ,3ೊಲ ಇದ ೆ ;ಂದು /ಾK ಎಂದು ಬಳ,ದ7 /ಾ"=ಟ# Rಾ"~ ಅನು 1 ೇ /ಾ0 ರವರ ಕ ೆ k/ಾ( ;ನು ಎಂದು nೕ ಾಯ4ಾH =ಂ , ^ರುಕುಳ =ೕ(ರು%ಾ)Cೆ ಅಲ ೆ 1 ೇ ಆCೋ ಯು ಆHಂ ಾ3ೆu 1 ೇ /ಾ0 ರವCೊಂ 3ೆ "=ೕನು ೆಲಸ 'ಾಡುವ^=jನ ನ ಾಕ ರ ೊಂ 3ೆ ಅಕ6ಮ ಸಂಬಂಧ ಇಟು ೊಂ( 7 ಾ' ಎಂದು nೕ ಾಯ4ಾH Pೈದು Iೊ ೆದು ^ರುಕುಳ =ೕ(ರು%ಾ)Cೆ.
ಆದುದ#ಂದ ಆCೋ ತರ fರುದ• SೕಲNಂಡ ಕಲಂಗಳ ಪ6 ಾರ ೋBಾCೋಪ ಾ ಪD "
- 12 -
CRL.P No. 6301 of 202011. The statement of the wife both before the Police and before the learned Magistrate under Section 164 of Cr.P.C., assumes significance and is quoted for the purpose of ready reference:
" STATEMENT OF WITNESS U/S. 164 OF CR.P.C. My marriage with Sanal Kumar was performed on 27.04.2009 at Malapuram in Kerala. Our marriage is an arranged marriage. My husband and his parents demanded dowry of 100 grams of gold but my parents gave 60 grams of gold ornaments at marriage. They demanded residential flat in Apartment as a part of dowry, but my parents did not give flat.
I resided in Palakkad with my husband and in-laws for a period of one week. There was common bathroom which had no covered roof. My fathe inlaw used to peep when I was taking bath. After one week we went to Chennai, My husband was working at Chennai My husband took all my ornaments.
In the year 2009 they started to demand for flat and started to torture me. My father was ready to give Rs.12,50,000/- for flat. My father in law insisted to register the flat in my name and
- 13 -CRL.P No. 6301 of 2020
husband's name. (Witness is referring some papers while giving statement). But in the last moment the name of my father in law was included.
My father in law used to talk vulgarly to me in front of others. I informed the same to my husband. In the year 2017 I came to know that the flat was purchased for 7 lakhs and in total my father gave Rs.14.50 lakhs.
In the year 2010, I wanted to conceive. They told they want a boy baby. They did not give me proper food. During my 7th month pregnancy I went to my parents house. I informed about torture to my parents. After giving birth to the child I went to matrimonial house in Chennai.
In the year 2011 my husband wanted to have a flat in his name and his father's name only. Then he demanded for ornaments and he used to put chilly powder in my eyes and used to insert needles inside my nails and he hit me with a hot frying pan, to pressurize me to transfer the flat in his name and his father's name and to get back the ornaments which were with me. My husband started to neglect me and my daughter.
In the year 2014 we came to Bengaluru as my husband got transferred to Bengaluru. My
- 14 -CRL.P No. 6301 of 2020
husband demanded for cash of Rs.1,25,000/-for purchasing car and another Rs.75,000/- for school fees of my daughter.
When we were in Chennai in the year 2010, the relatives of my husband observed that my husband was suffering from sadism and having sadistic character. As per the advise of the elders my husband undergone treatment with psychologist with Dr. Guatam Das in Chennai in the month of August 2010. Now also my husband is under treatment.
In the year 2015 my husband started to demand for flat at Bengaluru. My father said it is not possible at that time. My husband and in laws started to harass me, they started to beat me with a chapathi rolling pin on my foot, my mother in law injected me some medicines and after that injection I suffered swelling all over the body and numbness. My husband and in laws forcibly tried to make me eat rotten sanitary pads which contained worms. My husband and in laws did not allow me to have an account number and mobile phone. My husband and in laws were stating that ladies in their family should not have money and bank account. My father in law used to manage the monetary transaction and day to day affairs of the family. They used to refuse to give me money for traveling
- 15 -CRL.P No. 6301 of 2020
in the City bus, stating that ladies should not have money with them. When I was working as Junior doctor in Kilpauk Chennai, which is at distance of
12 kms from matrimonial house at Poonamalli Chennai, I used to go by walk to my workplace and come by walk and I was walking for 24 kms per day. They denied me food and fell down when I was pregnant. Even during my pregnancy my husband and in laws were not giving me proper food.
One day I fell down in the hospital due to giddiness. My Senior Doctor used to give me food.
My father in law used to peep and see me when I was having bath in Chennai and used to speak in vulgar language and touch my body parts. He used to touch in inappropriate places and he used to lift my nightie when I was sleeping. When I complained to my husband and my mother in law about this act, they said it was common in the family. My mother in law told me that I had to satisfy my husband as well as my father in law. I told my husband that I cannot accept my father in law as a husband, but he replied that I have to accept and told me that nothing wrong in this.
My husband and in-laws used to move about the house half nakedly, even when the front door was kept open.
- 16 -
CRL.P No. 6301 of 2020My father in law at present is about 65 years old and he is 3 years younger than my mother in law. Myself and my husband were not allowed to use separate room in the house. There are two bedroom in the house. In one bedroom all of us used to sleep and another is not used for sleeping. I have informed about this act of my inlaws to my relatives as well as relatives of my husband when I went to my father's house. For this my husband became angry.
My relatives insisted that my inlaws should reside separately. My husband increased the harassment and torture.
In the year 2015, my father gave Rs.1.55 lakhs for purchasing motorcycle. Thereafter my inlaws went To Palakkad but they used to come to Bengaluru and they used to stay for 15 days in my matrimonial house. In the month of April 2015 they demanded for flat again. In this relation my husband beat me in the railway station.
In the year 2016 my husband's cousin by name Tulasi got a job in my husband's office. My husband tried to take her to our flat. I opposed to this since she was not married.
- 17 -
CRL.P No. 6301 of 2020Once I saw that said Tulasi was in our flat when I came from outside. I asked my husband as to why he was spoiling her life, he said he likes her and they used to roam on the bike. My husband asked me to give divorce stating that he wants to live with Tulasi. My husband demanded for divorce as my father did not give more dowry.
In the year 2017, my husband demanded for flat. At that time I got health problems. I had kidney problem. My husband told that I am going to die soon and he wanted to take LIC policy in his name. I asked him to take LIC policy in my daughter's name. My daughter is a epileptic patient. My husband was torturing my daughter also.
(Further statement is deferred as court time is over) (Statement of the witness recorded in the court hall under in-camera proceedings. I am satisfied that the witness voluntarily given the statement. The statement of the witness is recorded on this the 26th day of March, 2018.) R.O.I. & A.C. Sd/-
(HATTIKAL PRABHU .S) LVI ACMM, Bengaluru.
- 18 -
CRL.P No. 6301 of 2020Witness duly recalled and duly sworn on 27.03.2018 After 2010 my husband did not allow me to sleep in his room.
Due to harassment meted by my husband and in laws I got health problems. My husband started to make allegation against me that I am having illicit relationship with a doctor. (Witness not stating the details properly and for want of time further recording statement is deferred).
(Statement of the witness recorded in the court hall under in-camera proceedings. I am satisfied that the witness voluntarily given the statement. The statement of the witness is recorded on this the 27th day of March, 2018.)"
12. The complaint so made, is elaborated in the statement rendered by the first respondent - wife under Section 164 Cr.P.C. The graphic details so narrated are so abhorrent that they cannot be explained, as reading of it would clearly reveal inhuman torture upon the first respondent - wife and the acts of the father-in-law, who
- 19 -CRL.P No. 6301 of 2020
seeks to sexually assault the daughter-in-law, the first respondent.
13. These are matters which will have to be trashed out in a full blown trial against the petitioners. The plea that the father-in-law is 71 years and he is suffering from several ailments or the mother-in-law suffering from the same ailments, would be of no avail in the teeth of such glaring allegations against the petitioners herein.
14. Each of the petitioners, the husband; the father-in-law; mother-in-law have been alleged of several grave instances of torture, which are common, when the complaint, summary of the charge sheet and the statements are read in tandem. Therefore, finding no merit in the petition, the petition stands dismissed.
It is made clear that observations made in the course of this order are only for the purpose of considering the case of the petitioners under Section 482 of the Cr.P.C.
- 20 -CRL.P No. 6301 of 2020
This would not bind or influence further proceedings in any other case concerning the petitioners.
I.A.No.1/2020 is disposed, as a consequence.
Sd/-
JUDGE KG