Karnataka High Court
Smt. Veena W/O. Gopal Shetty vs State Of Karnataka on 13 April, 2023
-1-
CRL.P.No.100740 of 2022
C/W CRL.P.No.100207 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 100740 OF 2022 (482)
C/W
CRIMINAL PETITION NO. 100207 OF 2022
IN CRL.P.NO.100740/2022:
BETWEEN:
1. SMT.SWATI ALIAS VANISHREE
W/O MALLIKARJUN SHIRASANGI
AGED ABOUT 30 YEARS,
R/O H.NO.835, NUTAN NAGAR,
BUS STAND ROAD,
YALLAPUR, DIST: U.K.
2. SMT.VEENA W/O GOPAL SHETTY
AGED ABOUT 52 YEARS,
R/O H.NO. 835, NUTAN NAGAR,
BUS STAND ROAD, YALLAPUR,
Digitally signed by
CHANDRASHEKAR
DIST: U.K.
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
3. NITISH S/O GOPAL SHETTY
AGED ABOUT 27 YEARS,
R/O H.NO. 835, NUTAN NAGAR,
BUS STAND, YALLAPUR, DIST: U.K.
4. RAJESH S/O GANESH SHETTY
AGED ABOUT 51 YEARS,
R/O H.NO 835, NUTAN
NAGAR, BUS STAND ROAD,
YALLAPUR, DIST: U.K.
5. SMT.GEETA W/O RAJESH SHETTY
AGED ABOUT 47 YEARS,
R/O. H.NO. 835, NUTAN NAGAR,
-2-
CRL.P.No.100740 of 2022
C/W CRL.P.No.100207 of 2022
BUS STAND ROAD,
YALLAPUR, DIST. U.K.
...PETITIONERS
(BY SRI. S.G.KADADAKATTI AND
SRI LINGESH V.KATTEMANE, ADVOCATES)
AND:
1. STATE OF KARNATAKA
THROUGH P.I.,
NAVANAGAR POLICE STATION,
HUBBALLI, REP. BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH BUILDING,
DHARWAD.
2. MALLIKARJUN,
S/O BASAVARAJ SHIRASANGI,
AGED ABOUT 30 YEARS,
R/O. H. NO. 44, 2ND CROSS
RADHIKA PARK, GAMANAGATTI ROAD
BHAIRIDEVARAKOPPA, HUBBALLI,
DHARWAD DISTRICT,
YALLAPUR, DIST. U.K.
...RESPONDENTS
(BY SMT.GIRIJA S HIREMATH, HCGP FOR R1;
SRI. VISHWANATH BICHAGATTI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO.3037/2021
PENDING ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC, HUBBALLI FOR THE ALLEGED OFFENCE PUNISHABLE
U/S 120B, 406, 409, 420, 465, 468, 471 R/W 34 OF IPC AND R/W
SECTION 74 OF INFORMATION AND TECHNOLOGY ACT, 2000
INSOFAR AS PETITIONERS ARE CONCERNED BY ALLOWING THIS
PETITION.
IN CRL.P.NO.100207/2022:
BETWEEN:
1. SMT. VEENA W/O GOPAL SHETTY
AGED ABOUT 53 YEARS,
OCC. PRIVATE WORK,
-3-
CRL.P.No.100740 of 2022
C/W CRL.P.No.100207 of 2022
R/.H.NO. 835, NUTAN NAGAR,
BUS STAND ROAD,
YALLAPUR, DIST. U.K.-581359.
2. NITISH S/O GOPAL SHETTY
AGED ABOUT 28 YEARS,
OCC. PRIVATE WORK,
R/.H.NO. 835, NUTAN NAGAR,
BUS STAND ROAD,
YALLAPUR, DIST. U.K.-581359.
3. RAJESH S/O. GANESH SHETTY
AGED ABOUT 52 YEARS
OCC. COOLIE, R/.H.NO. 835,
NUTAN NAGAR, BUS STAND ROAD,
YALLAPUR, DIST. UK-581359.
4. SMT. GEETA W/O RAJESH SHETTY
AGED ABOUT 48 YEARS
OCC. PRIVATE WORK
R/.H.NO. 835, NUTAN NAGAR,
BUS STAND ROAD,
YALLAPUR, DIST. U.K-581359.
...PETITIONERS
(BY SRI. S.G.KADADAKATTI AND
SRI LINGESH V.KATTEMANE, ADVOCATES)
AND:
1. STATE OF KARNATAKA
THROUGH P.S.I.
YALLAPUR POLICE STATION
U.K. DISTRICT
REP. BY ADDL. SPP
HIGH COURT OF KARNATAKA-580011
DHARWAD BENCH BUILDING
DHARWAD.
2. MALLIKARJUN B.SHIRASANGI,
AGED ABOUT 32 YEARS
OCC. PRIVATE SERVICE
R/O. NO.44 RADHIYA PARK
GAMANAGATTI ROAD
BHAIRIDEVARAKOPPA-580022
-4-
CRL.P.No.100740 of 2022
C/W CRL.P.No.100207 of 2022
HUBBALLI, DIST.DHARWAD.
...RESPONDENTS
(BY SMT.GIRIJA S HIREMATH, HCGP FOR R1;
SRI. VISHWANATH BICHAGATTI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO CALL FOR THE RECORDS AND QUASH THE
PROCEEDINGS IN CRIME NO.103/2021, ON THE FILE OF CIVIL
JUDGE (JR) JMFC COURT, YALLAPUR FOR THE OFFENCES
PUNISHABLE U/S 409, 420, 465, 468, 471, 120(B) R/W 149 OF
IPC IN CRIME NO.103/2021 REGISTERED BY YALLAPUR P.S.
UTTARA KANNADA DISTRICT BY ALLOWING THE PETITION
INSOFAR AS PETITIONERS ARE CONCERNED ONLY.
THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Though these petitions are arising out of two different crime numbers, since the petitioners are common and the allegations made against them and the grounds urged in the petitions are same, they have been clubbed together and decided by a common order.
2. In Criminal Petition No.100740/2022, the petitioners are arraigned as accused No.1 to 5 in Crime No.59/2020 for the offences punishable U/secs. 120B, 406, 409, 420, 465, 468, 471 r/w 34 of IPC and r/w Section 74 of Information and Technology Act, 2000. -5- CRL.P.No.100740 of 2022 C/W CRL.P.No.100207 of 2022
2.1 In Criminal Petition No.100207/2022, the petitioners are arraigned as accused No.2, 3, 6 and 5 for the offences punishable U/secs. 409, 420, 465, 468, 471, 120(B) R/W 149 OF IPC.
3. Petitioners have filed these petitions U/sec.482 Cr.P.C. to quash the criminal proceedings initiated against them, contending that they are innocent and law abiding citizens. They have been falsely implicated. Complainant was aware of the fact that respondent No.2 is having a daughter. It was result of live in relation between accused No.1 and Nithin. After knowing her antecedents, he married petitioner No.1. He has chosen to file a false complaint alleging that the fact of accused No.1 having a daughter was concealed from him. The concerned police also without making proper investigation have implicated the accused persons and filed charge sheet against them. Only after making proper enquiry, respondent No.2 complainant entered into the marriage with accused No.1. Infact at the time of marriage, the daughter of accused -6- CRL.P.No.100740 of 2022 C/W CRL.P.No.100207 of 2022 No.1 was present as evident from the photographs of the marriage. As an afterthought, respondent No.2 - complainant has chosen to file a false complaint and prays to quash the proceedings.
4. In Criminal Petition No.100207/2022, the petitioners have further pleaded that the allegations made in the complaint are that though at the time of birth of a daughter, accused No.1 has given the name of herself and Nithin as the parents of their daughter Bhumika, subsequently they have got the entries changed by inserting the names of her aunt and uncle i.e. accused No.5 - Geetha and accused No.6 - Rajesh as the parents of the child. It is further alleged that at the time of delivery of the son of the complainant, accused No.1 has concealed the fact of she already given birth to a daughter and falsely represented as though it was her first delivery and has forged the signatures of respondent No.2/complainant. However, the allegations made therein are false and petitioners have nothing to do with the same -7- CRL.P.No.100740 of 2022 C/W CRL.P.No.100207 of 2022 and prays to quash the criminal proceedings initiated against them.
5. Respondent No.2 of both petitions who is the complainant in both the crimes has filed statement of objections stating that the alliance between him and accused No.1 was fixed through the matrimonial website. Before marrying him, accused No.1 had relationship with accused No.6 Nithin and had given birth to a daughter by name Bhumika. However, concealing the said fact, they got him married to accused No.1 with active collusion of remaining accused persons. After the marriage, he took accused No.1 to Saudi Arabia. When she became pregnant, they came back to India. However, petitioners and others tried to get the child aborted. However, he managed to get back accused No.1 and she gave birth to a son.
6. Subsequently, the accused persons including the petitioners tried to force him to transfer the properties standing in his name to the name of accused No.1. -8- CRL.P.No.100740 of 2022 C/W CRL.P.No.100207 of 2022 Ultimately accused No.1 left his company and went to her parents' house. During this period, when he verified the records of the hospital, he found that accused No.1 had given birth to a daughter by name Bhumika when she was having relationship with accused No.6 Nithin. Infact, in the hospital records, the parents' name is given as accused No.1 and the said Nithin. Concealing the said fact, all the accused persons including the petitioners managed to get accused No.1 married to him.
6.1 Based on the said complaint, the concerned police registered the case in Crime No.59/2020 against accused No.1 to 9 including the petitioners and after conducting detailed investigation have filed charge sheet in C.C.No.3037/2021.
6.2 However on further enquiry, respondent No.2 complainant realized that subsequently the accused persons including the petitioners have got the records of hospital where Bhumika was born manipulated by changing the names of her parents as accused No.4 - -9- CRL.P.No.100740 of 2022 C/W CRL.P.No.100207 of 2022 Rajesh and accused No.5 - Geetha. They have also availed the benefits of Matruvandana Scheme by falsely stating that the delivery of the son of respondent No.2 is her first delivery and in the said records, the signatures of respondent No.2 is forged.
6.3 Based on the second complaint, the concerned police have registered case in Crime No.103/2021 against accused No.1 to 6 therein including the petitioners in Criminal Petition No.100207/2022. The allegations made against the petitioners are very grave and it requires detailed investigation and trial. In the light of prima facie material placed on record, this is not a fit case to quash the proceedings and prays to dismiss the petitions.
7. Heard elaborate arguments of both sides and perused the record.
8. Respondent No.2 Sri Mallikarjun Basavaraj Shirasangi is the complainant in both cases. The complaint averments reveal that he was working as a CAD-CAM Designer at Saudi Arabia. He came in contact with accused
- 10 -
CRL.P.No.100740 of 2022C/W CRL.P.No.100207 of 2022 No.1 through a marriage website and alliance was settled. They got married. In the complaint, respondent No.2 has contended that at the time of marriage, he paid gold ornaments weighing 50 grams and cloths worth Rs.50,000/- to bride and marriage expenses of Rs.3,00,000/- were also borne by him. After staying for one week, accused No.1 went to her parents' house after which, respondent No.2 also returned to Saudi Arabia. During 2018 October, after getting Visa for accused No.1, respondent No.2 has taken her to Saudi Arabia.
8.1 He has alleged that after they went to Saudi Arabia, the parents of accused No.1 started pestering him saying that they have spent Rs.5,00,000/- for the education of accused No.1 and therefore he should pay Rs.5,00,000/- to them and also Rs.30,000/- per month. During 2019, accused No.1 became pregnant through the complainant. He has alleged that when she went to her parents' house, they tried to get the child aborted. After coming to know about it, respondent No.2 went to Yallapur
- 11 -
CRL.P.No.100740 of 2022C/W CRL.P.No.100207 of 2022 and brought her back. He has further alleged that accused No.1 started pestering him to keep Rs.10,00,000/- in fixed deposit in her name and also to transfer all the properties standing in his name to her. At her instance, he set up a residence at Bengaluru and though stayed for two months, they once against came to Hubballi.
8.2 In the meanwhile, respondent No.2 came to know that before marrying him, accused No.1 had illicit relationship with one Nithin and through him, she has given birth to a daughter by name Bhumika at SDM Hospital, Hubballi. He got details of the child born to accused No.1. Alleging that the fact of accused No.1 having a daughter prior to marrying him was concealed by all the accused persons including the petitioners and on other allegations, he filed the complaint. After conducting detailed investigation, the concerned police have filed charge sheet against all the accused persons including the petitioners.
- 12 -
CRL.P.No.100740 of 2022C/W CRL.P.No.100207 of 2022
9. So far as the second complaint is concerned, respondent No.2 has alleged that subsequent to he collecting documents from the hospital regarding the birth of Bhumika to accused No.1, they have managed to get the hospital records manipulated by removing the names of the parents as accused No.1 and Nithin and inserted the names of uncle and aunt of accused No.1 who are arraigned as accused No.5 and 6. He has also alleged that while availing the Matruvandana benefit, accused No.1 and other accused have falsely represented that the child born to respondent No.2 is the first child and they have also forged the signatures of respondent No.2 in the relevant records.
10. Based on these complaint, the concerned police have registered case in Crime No.103/2021 against accused therein including the petitioners and taken up the investigation.
11. Whether the complainant was made aware of accused No.1 already having a daughter before entering
- 13 -
CRL.P.No.100740 of 2022C/W CRL.P.No.100207 of 2022 into marriage alliance with respondent No.2 and whether the hospital records are manipulated by the accused persons including the petitioners in Criminal Petition No.100207/2022 or not is a matter of investigation and trial. At this stage, there is prima facie material to connect the petitioners with the alleged crime. Disputed facts cannot be decided U/sec.482 Cr.P.C. Having regard to these aspects, this Court is of the considered opinion that these are not fit cases to quash the further proceedings and accordingly, I proceed to pass the following:
ORDER Criminal Petition No.100740/2022 filed by petitioners/accused No.1 to 5 and Criminal Petition No.100207/2022 filed by petitioners/ accused No.2, 3, 6 and 5 are hereby rejected.
SD/-
JUDGE CLK