Karnataka High Court
K N Somashekar vs State Of Karnataka By on 30 January, 2023
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CRL.RP No. 1168 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL REVISION PETITION NO. 1168 OF 2018
BETWEEN:
K N SOMASHEKAR
S/O LATE NANJEGOWDA,
AGED ABOUT 41 YEARS,
NO.18, 3RD CROSS,
ADARSHA LAYOUT,
SRIKRISHNA TEMPLE ROAD,
JNANAJYOTHINAGARA,
BENGALURU-560 056.
...PETITIONER
(BY SRI. A.DERICK ANIL, ADVOCATE FOR
SRI. K.B.K.SWAMY, ADVOCATE)
AND:
STATE OF KARNATAKA BY
JNANABHARATHI POLICE STATION
REP BY STATE PUBLIC PROSECUTOR,
HCK BENGALURU
Digitally BANGALORE-560 001.
signed by
SUMA ...RESPONDENT
Location: (BY SRI.KRISHNAKUMAR K.K, HCGP)
HIGH
COURT OF
KARNATAKA THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 11.06.2018 IN NOT
DISCHARGING THE PETITIONER/ACCUSED NO.1 BY ALLOWING
THIS PETITION AND DISCHARGE THE ACCUSED NO.1 FROM THE
OFFENCES PUNISHABLE UNDER SECTION 498(A), 494, 306 R/W
34 OF IPC, IN S.C.NO.798/2015, PENDING ON THE FILE OF THE
HON'BLE 45tH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
(CCH-46) BENGALURU.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.RP No. 1168 of 2018
ORDER
The petitioner who was the accused No.1 in S.C.No.798/2015 on the file of the XLV Additional City Civil and Sessions Judge, Bengaluru City has filed this revision petition challenging the order dated 11.06.2018, by which, an application filed by him under Section 227 of Cr.P.C. was rejected.
2. The case of the prosecution was that the daughter of CW.1 was given in marriage to the accused No.1 i.e., 12 years prior to 07.07.2014 and that they had 2 children from the said marriage. CW.1 in his complaint dated 07.07.2014 claimed that there was an altercation between the deceased and the accused No.1 over the accused No.1 marrying the accused No.4 and the accused No.1 provoked and incited the deceased to commit suicide. Following this, the deceased consumed rat poison and the accused No.1 on coming to know of the same, admitted her to a hospital, from where she was discharged against medical advise and was then taken to another hospital, where she died on 07.07.2014.
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3. Based on the said complaint, Cr.No.213/2014 was registered for the offences punishable under Section 498A, 494 and 306 read with Section 34 of IPC. The Investigating Officer conducted an inquest, recorded statement of the witnesses and thereafter, obtained a toxicology report as well as the post- mortem report, which indicated that the death was due to complications resulting from the consumption of rat poison by the deceased. A charge sheet was therefore filed alleging the commission of offences punishable under Section 498A, 494 and 306 read with Section 34 of IPC.
4. The accused Nos.1 to 3 and 6, accused Nos.4 and 5 filed separate applications under Section 227 of Cr.P.C. to discharge them of the offences alleged against them. The trial Court after considering the material on record held that the prosecution had placed sufficient material to proceed against the accused No.1 and that there was no enough material to proceed against the accused Nos.4 and 5 and 2 to 6. However, insofar as the accused No.1 is concerned, it held that there was sufficient material to proceed against him and hence, rejected his application.
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5. Being aggrieved by the same, the present revision petition is filed.
6. Learned counsel for the petitioner pointed out certain circumstances, which indicated that the complaint lodged by CW.1 was thoroughly false and was an attempt to implicate him in the case. He submitted that the deceased consumed poison on 02.07.2014, while the complaint was registered on 07.07.2014. He pointed out to a statement made by CW.1 in his complaint that both the deceased and accused No.1 were leading a blissful married life. He also appointed out to the discharge summary of the deceased, which indicated that she was discharged from the Archana Hospital against medical advice by the brother of the deceased and from there she was shifted to JSS Medical College, Mysuru. He submitted that the possibility of the deceased not receiving adequate medical care could have resulted in her death. He further pointed out to the statement of CW.16, who was in contact with the deceased and submitted that the inherent inconsistencies indicated that CW.1 had lodged a false complaint to implicate the accused No.1. He therefore prayed that the accused No.1 be discharged of the offence.
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7. Learned High Court Government Pleader submitted that the complaint itself disclosed the complicity of the accused No.1 in the offence. He also pointed out to the post-mortem report, which indicated that the death was due to complications of phosphorous poisoning. He submitted that the deceased was compelled to consume rat poison in view of the subsequent marriage contracted by the accused No.1 and he exhorting the deceased to commit suicide. He therefore submitted that for the present, there are enough material to proceed against the accused No.1 and therefore, the trial Court was justified in rejecting the application filed by the accused No.1.
8. I have considered the submissions made by the learned counsel for the petitioner as well as the learned High Court Government Pleader.
9. It is now well settled that when an application is filed under Section 227 of Cr.P.C., the Court would not conduct a mini trial to ascertain the veracity of the statements made by the prosecution witnesses. The Court would take the material placed by the prosecution at its face value and then decide whether the material can result in the conviction of the accused -6- CRL.RP No. 1168 of 2018 No.1 for the offences punishable under Section 498A, 394 and 306 of IPC. In the case on hand, as rightly observed by the trial Court, CW.1 had categorically stated about the role played by the accused No.1 in commission of the offence. The statements of the witnesses recorded by the Investigating Officer under Section 161 of Cr.P.C., supported the case of the prosecution. In addition, the death was found to be due to complications arising out of phosphorous poisoning. Therefore, there are sufficient material to prosecute the accused No.1 and the trial Court after considering the same, has rightly held that he does not deserve to be discharged from the case.
10. This Court does not find any error in the appreciation of the material placed by the prosecution by the trial Court warranting interference under Section 397 of Cr.P.C. Hence, this petition lacks merits and is dismissed.
Sd/-
JUDGE NR/-
List No.: 1 Sl No.: 46