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The petitioner who is arrayed as accused No.1 in original C.C.No.608/2008 and subsequently since he absconded split-up charge-sheet came to be filed in CC No.1152/2021 arising out of Crime No.100/2008 registered by Basavakalyan Town P.S. for the offences punishable Sections 498A, 354, 323, 504, 506 r/w Section 149 of Indian Penal Code, 1860 besides Sections 3 and 4 of Dowry Prohibition Act, 1961, whereas under this petition, the petitioner seeks quashment of the proceedings in split-up charge sheet in C.C.No.1152/2021.

4. It is further transpired from the complaint that, all the accused persons said to have been assaulted the complainant without providing food and shelter and also tried to take her life by compressing her neck. Co-accused Nos.2 to 8 instigated the accused No.1/petitoiner in commission of offence. In pursuance of the act of the accused, a case in Crime No.100/2008 came to be lodged by the complainant for the aforesaid offences. Thereafter, investigating officer has taken up the case for investigation and laid the charge sheet against the accused in C.C.No.608/2008. Since the petitioner did not make available for facing trial and since absconded, split-up charge sheet came to be filed in CC No.1152/2021.

8. Learned High Court Government Pleader for the State countered to the argument advanced by the learned counsel for the petitioner by referring the allegation made against this accused and so also involvement of this accused as well as extending the life threat and so also demanding P.W.1 to bring dowry in terms of cash and gold ornaments from her parental house. The co-accused Nos.2 to 8 have some instigation or provocation to the petitioner and to pick up quarrel by this petitioner to make demand to his wife and also insist her to bring dowry from her parents house and so also extended harassment to her along with other accused. The same could be seen in the complaint averments. But, this petitioner has not faced trial in the original charge-sheet and thereby split-up charge sheet has been filed against this petitioner in C.C.No.1152/2021 and let he has to face trial.

9. Whereas, mere because the co-accused Nos.2 to 8 and their case was ended in acquittal it cannot be a ground for seeking quashment of the split-up charge sheet levelled against the accused. These are all the contention has been taken by the learned High Court Government Pleader for the State and more so this accused was absconding and hence coercive steps have been taken against him and also split-up charge sheet was filed by the investigating officer. Therefore, this petitioner is very much required for facing trial. These are all the contentions taken by the learned High Court Government Pleader for rejection of the petition.