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2. Brief facts of the prosecution case as averred in the petition are that one Sharada D/o Irappa Lamani @ Pujar, aged: 17 years, R/o. Hattimattur Tanda, had consumed poison by mistake to be medicine for her ailment, and hence she was admitted to Government Hospital, Savnur, wherein her statement is recorded by the Police Officer of Savanur Police Station in the presence of the duty medical officer Government Hospital, Savanur, in which she has clearly stated that on the said day i.e. on 11.12.2015 around 8 O' Clock in the night, her father, mother and uncle's children, were there in her house. It is stated by her that, since long she was suffering from illness and weakness etc., and her parents got treatment to her at Ashwini Hospital Haveri and she was given tablets and syrups. Around 8.00 p.m. she felt giddiness and assuming that if she take the syrup she will feel comfortable and as such went and by mistake accidentally picked up a bottle wrongly which was a poisonous liquid meant for killing pesticides on the cattle. Her parents saw the same and called 108 Ambulance and got her admitted in Government Hospital, Savanur. While being treated she felt comfortable and stated that she doesn't have any kind of complaint against anyone which is recorded by Savanur Police in the presence of the medical officer at 21.20 hours. In the MLC Register and case sheet maintained in the Government Hospital Savanur, it is mentioned that said Sharada D/o Irappa Lamani had been admitted to Government Hospital with alleged history of poison liquid pesticides taken at 8.00 p.m. in her house, taken for medical illness on her father saying and started the treatment. The further allegation that this being so, one Irappa Lamani, the father of said Sharada, lodged a complaint with Savanur Police from District Hospital, Haveri, the next day around 5.00 p.m. alleging that he is resident of Hattimattur Tanda and two of his daughters are given in marriage and his younger daughter Sharada is aged about 17 years and this petitioner was in close terms with his said daughter since she was going to his land to work and also alleges that petitioner had been visiting their house frequently, which was seriously objected by the complainant, and the petitioner had been warned, so also, his daughter. The petitioner inducing her of getting married, had physical contact with his daughter and his said daughter had determined to marry the petitioner. It is further stated in complaint that about 5-6 days prior to the incident, petitioner's father had told the complainant that they have seen a bride for his son and asked him not to permit the petitioner to visit their house and stated that he has asked petitioner not to come to their house and alleges that the petitioner has said that he going to marry the complaint's daughter.

It is further alleged in the complaint that the previous day to the complaint, on 11.12.2015 around 6p.m. himself and his wife came from their work and found his daughter Sharada was not speaking correctly, himself and his wife enquired, wherein his daughter is said to have told them that around 5p.m. in the evening the said petitioner had met her and told her that he has seen a girl for marriage and asked her to forget him and telling her to die, handed over a poison bottle and accordingly, she has consumed the poison, and alleged that the complainant immediately called 108 ambulance and has taken her to Government Hospital Savanur and from there referred to higher treatment to Haveri and while being treated she died at 00:35 hours on 12.12.2015 and alleged that the petitioner is the cause for the consumption of poison and death of his daughter Sharada, is the sum and substance of the complaint.

8. The petitioner/accused herein by filing the petition under Section 482 of Cr.P.C. sought quashing of the criminal proceedings initiated against him. It is no doubt true, in the statement of the deceased Sharada D/o Irappa Lamani dated 11.12.2015, which is produced at Annexure-A, she has mentioned that since beginning she was getting giddiness and she was suffering from weakness and she got treatment in the Ashwini Hospital, Haveri and hence, she was cured to some extent. Ashwini Hospital authorities at Haveri gave her some tablets and medicines. It is further averred that she was under the belief that if the medicines given by Ashiwini Hospital were taken, she will become alright. Accordingly, she went to the place where it was kept and because of the confusion, she took the bottle containing poison, which was meant for killing of pesticides and consumed the same.

12. Apart from that, though in the statement of the deceased said to have been given on 11.12.2015 in the Government Hospital at Savnur as per Annexure-A, it is mentioned that since beginning she was getting giddiness and suffering from weakness and she was taken to Haveri Ashwini Hospital, wherein the hospital authorities gave some tables and medicines to her, but perusing the documents issued by Dr.Gautam R.Lodaya, Ashwini Nagar, Haveri, dated 19.02.2016, wherein it is stated that "We have not treated any person called Ms.Sharada Erappa Lamani from Hattimattur as out patient or inpatient anytime during last year as per your enquiry." There is one more letter dated 19.02.2016 from Tejashwini Hospital, Ashwini Nagar, Haveri, issued by Dr.V.S.Hiremath, wherein also it is stated that "We checked our OPD registration Book. There is no entry in the name of Kumari Sharada Erappa (father) Lamani of Shiggav from June month of 2015".