Dismissed

K Surendra S/O K Nagappa v. the State of Karnataka

Karnataka HC6 Jun 2012CRL.P/413/2008

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed two criminal petitions filed under Section 482 Cr.P.C seeking quashing of criminal proceedings involving kidnapping and forced marriage. The court found prima facie evidence of non-consent and dismissed the petitions, allowing accused to seek discharge.

What did the court decide?

Petitions dismissed; accused liberty to seek discharge before the learned Magistrate.

K Surendra S/O K Nagappa Vs the State of… — Child Custody and Guardianship | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 6TH DAY OF JUNE 2012

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BEFORE

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THE HON’BLE MR.JUSTICE SUBHASH B.ADI

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CRIMINAL PETITION No.413/2008 C/w CRIMINAL PETITION No.6150/2011

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Crl.P. No.413/2008

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BETWEEN:

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K SURENDRA S/O K NAGAPPA AGED ABOUT 36 YRS LORRY SALES BUSINESS R/AT GUNDLA KONDA VILLAGE PATTIKONDA TQ KARNOOL DIST, A P

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K Y EKANTHAPPA S/O VENKAPPA AGED ABOUT 34 YRS R/AT ANIBERU VILLAGE MAYAKONDA HOBLI DAVANAGER DIST

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(By Sri.VEERABHADRAIAH, ADV., FOR SRI B. PRAMOD, ADV.)

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AND

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1. THE STATE OF KARNATAKA

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BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 1

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SMT. L. PUSHPA, AGED 34 YEARS, LECTURER, (cause title amended GOVERNMENT TEACHERS vide Court order dt. TRAINING INSTITUTE 17.06.2009) HOSADURGA, CHITRADURGA.

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... RESPONDENTS

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(By Sri. VIJAYAKUMAR MAJAGE, HCGP., FOR R1 SRI G.R. SRINIVASA, ADV., FOR R2)

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CRL.P FILED U/S. 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS IN C.C.NO.438/2007 NOW PENDING ON THE FILE OF THE JMFC., HOSADURGA.

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CRL.P. No.6150/2011

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BETWEEN

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N KRISHNAMURTHY S/O K NAGENDRAPPA AGED 28 YEAS MAKUNTE VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT

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THIMMAPPA S/O K NAGAPPA AGED 45 YEARS GUNDLAKONDA VILLAGE

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DEVAKONDA MANDAL KARNOOL DISTRICT ANDRA PRADESH

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DHANANJAYA S/O K NAGAPPA AGED 39 YEARS GUNDLAKONDA VILLAGE DEVAKONDA MANDAL KARNOOL DISTRICT ANDRA PRADESH

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PRASAD S/O K NAGAPPA AGED 34 YEARS GUNDLAKONDA VILLAGE DEVAKONDA MANDAL KARNOOL DISTRICT ANDRA PRADESH

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PEDDAIAH S/O K NAGAPPA AGED 50 YEARS GUNDLAKONDA VILLAGE DEVAKONDA MANDAL KARNOOL DISTRICT ANDRA PRADESH

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... PETITIONERS

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(By Sri R. SUBRAMANYA, ADV., FOR M/s. ASHOK HARNAHALLI ASSTS, ADVS., )

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AND

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PUSHPALATHA W/O SURENDRA D/O LAKSHMANAPPA

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AGED 32 YEARS LECTURER IN GOVT. TCH COLLEGE HOSADURGA R/O CHANNAPPA EXTENSION HOLALKERE TALUK, CHITRADURGA DISTRICT

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STATE OF KARNATAKA, THROUGH THE INVESTIGATING OFFICER, HOSADURGA POLICE STATION, HOSADURGA, CHITRADURGA DISTRICT, REP., BY HIGH COURT PUBLIC PROSECUTOR.

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... RESPONDENTS

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(By Sri VIJAYAKUMAR MAJAGE, HCGP., FOR R2 SRI G.R. SRINIVASA, ADV., FOR R1)

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CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS IN C.C.NO. 438/07 ON THE FILE OF THE CJ (JR.DN) AND JMFC HOSADURGA.

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THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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These two petitions are filed by accused Nos.1 to 7 questioning the proceedings in C.C. No.438/2007 on the file of the JMFC., Hosadurga.

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One Smt. Pushpa filed a complaint in Crime No.194/2004 before Hosadurga Police, Chitradurga District, for the offences punishable under Sections 366, 342, 506 read with Section 149 of IPC. In the complaint, she has stated that she was forcibly taken by her relatives to Srishaila in Andhra Pradesh and she was threatened and forcibly, her marriage was performed with accused No.1 on 13.05.2004. The complainant told the accused that she wanted to meet her parents at Holalkere and left Srishaila on the next day. Prima facie, the complaint reveals that the complainant was kidnapped and her marriage was performed under threat. Police on investigation, has filed the chargesheet.

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The chargesheet material reveals that the

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complainant had not consented to the marriage. Prima facie, there is no reason to quash the proceedings.

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Accordingly, the petitions are dismissed. Petitioners are

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at liberty to seek discharge before the learned Magistrate.

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Sd/JUDGE

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sma

K Surendra S/O K Nagappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

K Surendra S/O K Nagappa v. the State of Karnataka

Case brief

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What did the court decide?

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