Dismissed

Vidhya Amarnath v. State of Karnataka

Karnataka HC3 Nov 2023CRL.RP/949/2023

Case brief

AI extract

What is this about?

This Criminal Revision Petition challenged the Trial Court's rejection of an application for discharge under Section 227 Cr.P.C. in a case under Section 306 IPC. The High Court rejected the revision, finding no sufficient grounds to interfere with the Trial Court's order given prima facie material, distinguishing the cited precedents.

What did the court decide?

The Criminal Revision Petition was rejected and the impugned order confirming the rejection of the discharge application was upheld.

Vidhya Amarnath Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2023)

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CRL.RP NO.949 OF 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MS.JUSTICE J.M.KHAZI

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CRIMINAL REVISION PETITION NO.949 OF 2023

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BETWEEN:

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1 . VIDHYA AMARNATH AGED ABOUT 44 YEARS W/O LATE AMARNATH HOUSE NO.14 NEAR GOSPEL INTERNATIONAL SCHOOL GATTIGERE LAYOUT RAJARAJESHWARI NAGAR BENGALURU - 560 098

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2 . VEENA SHASHIKANTH AGED ABOUT 47 YEARS W/O SHASHIKANTH NO.223, 1^ST 'B' MAIN ROAD KENGERI SATELLITE TOWN BENGALURU - 560 060

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…PETITIONERS

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(BY SRI. MANJUNATH B S (SUO ASSTS.)

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AND:

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1 . STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR POLICE STATION BENGALURU REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001

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2 . SMT. NAGARATNA AGED ABOUT 68 YEARS W/O B N NAGARAJU

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CRL.RP NO.949 OF 2023

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R/AT BUILDING NO.63 HIG, B5, DOOR NO.77 2^ND FLOOR, KHB COLONY SHIRKE APARTMENT KENGERI UPANAGARA BENGALURU - 560 060

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….RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; VIDE ORDER DATED 13.10.2023, R2 - SMT.NAGARATNA IS PRESENT PERSONALLY)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 18.05.2023 IN S.C.NO.94/2019 ON THE FILE OF HON'BLE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-53) FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 R/W 34 OF IPC AND ALLOW THE APPLICATION FILED BY THE PETITIONERS UNDER SECTION 227 OF CODE OF CRIMINAL PROCEDURE IN S.C.NO.94/2019 ON THE FILE OF HON'BLE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 R/W 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRIMINAL REVISION PETITION HAVING BEEN HEARD AND RESERVED ON 26.10.2023, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Being aggrieved by the rejection of their application

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filed under Section 227 Cr.P.C, seeking discharge for the offence punishable under Section 306 r/w Section 34 I.P.C, petitioners who are accused Nos.1 and 2 before

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the trial Court have filed this petition under Section 397 r/w Section 401 Cr.P.C.

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CRL.RP NO.949 OF 2023

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For the sake of convenience, the parties are

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referred to be their rank before the trial Court.

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It is contended by the accused that the

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impugned order is erroneous and contrary to the well established principles of law. The trial Court has erroneously held that merely on the ground of delay accused cannot be discharged. The trial Court has not

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appreciated the fact that on the date of incident, complainant has illegally taken away paper without informing the concerned police. The entire case of the prosecution is suspicious and there is inordinate delay in filing the complaint. The statements of CWs-1, 7 to 9 does not implicate the accused being responsible for the deceased committing suicide. The trial Court has also failed to appreciate the contents of the alleged death note, which reflects the state of mind of the deceased. The entire charge sheet does not implicate that accused have abated deceased to commit suicide. In the light of the same providing opportunity to the prosecution to lead evidence would be an exercise in futile and prays to allow

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CRL.RP NO.949 OF 2023

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the petition, set aside the impugned order and discharge the accused.

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In support of their petition, the accused has

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relied upon the following orders:

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i) The State of Karnataka Vs. Vittal and Anr. ( Vittal )¹

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ii) Smt. Swati Pai Vs. The State of Karnataka and Anr ( Swati Pai )²

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After due service of notice respondent No.1

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has appeared through learned High Court Government Pleader and resisted the petition.

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Respondent No.2/complainant is also duly served. Learned High Court Government Pleader submitted arguments on behalf of both respondents.

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Heard arguments and perused the record.

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Respondent No.2 is no other than the mother

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of Amarnath, who committed suicide on the intervening night of 12/13-05.2017. Accused No.1 is the wife and

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1 Crl.R.P.No.100060/2014 dated 18.07.2014

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2 W.P.No.28602/2015 dated 07.12.2015

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CRL.RP NO.949 OF 2023

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accused No.2 is the sister-in-law of deceased Amarnath. In respect of the said incident, respondent No.2 has filed complaint dated 27.05.2017, alleging that the marriage of deceased Amarnath with accused No.1 Vidya was performed about 17 years back and they are having two daughters. After one year of marriage, deceased Amarnath, accused No.1 and their children started staying at Rajarajeshwarinagar. Earlier, deceased Amarnath was working as Administrative Officer in Flextronics at Chennai and recently he resigned from the said job and staying home. Since one year there was no communication from him.

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8.1 In this background, on 13.05.2017, at 7.30 a.m. accused No.1 informed the complainant that deceased is not responding. When complainant went to their house, she found deceased hanging in his bedroom and in this regard UDR.No.15/2017 is registered. When she went to the house of deceased and accused No.1, complainant found a chit below the cot of deceased and she kept it in her purse. As she was busy with funeral

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CRL.RP NO.949 OF 2023

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and other legal formalities, she could not go through the contents. After the funeral and obsequies ceremonies, when she went through the chit, she found that it is a death statement of her son i.e., deceased Amarnath implicating the accused for abetting him to commit suicide and accordingly, the complaint is filed.

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Based on the complaint the concerned police have registered a case in Cr.No.133/2017 for the offence punishable under Section 306 r/w Section 34 I.P.C. Statements of the witnesses are recorded including that of CW-9 Sri.Ganapathi Hegde, a friend of deceased in whose favour the deceased has executed a Will bequeathing certain properties. Autopsy is conducted on the dead body which state that the death was due to Asphyxia as a result of hanging. After completing the investigation, the concerned police have filed charge sheet against the accused for the offence punishable under Section 306 r/w Section 34 I.P.C.

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The accused have sought for discharge mainly

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on the ground that there is inordinate delay in filing the

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CRL.RP NO.949 OF 2023

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complaint. It is true that the incident took place on the intervening night of 12/13.05.2017. As evident from the statement of witnesses, after one year of marriage, deceased and accused No.1 established a separate residence and living there along with their children. The complaint averments reveal that since one year, there was no communication between the deceased and family of complainant and since one year deceased and his family members did not visit the house of complainant and vice-versa . Only on 12/13.05.2017 on being informed by accused No.1 that deceased is not responding to her, she went to their house and to her utter shock she found to deceased hanging from the ceiling in his house.

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The complaint also reveal that despite being the wife of deceased, accused No.1 and her family members refused to perform and also participate in his funeral and other ceremonies. According to the complainant, though on 13.05.2017 itself, she found a chit which happened to be the death statement of

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CRL.RP NO.949 OF 2023

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deceased beneath his cot, on account of utter shock and having the responsibility of performing the funeral and other ceremonies, she did not pay attention to its contents. Later on realizing that in the said death statement, deceased has implicated the accused, she has chosen to bring it to the notice of the concerned police and lodged the complaint. During the investigation, the concerned police have also come across a letter in the form of Will, addressed to CW-9 Sri.Ganapathi Hegde - a friend of deceased bequeathing some of his properties.

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After conducting detailed investigation, charge sheet is filed, which makes out a strong prima facie case against the accused. As rightly held by the trial Court, the allegations against the accused are required to be proved during full fledged trial. Having regard to the fact that there is prima facie material to proceed against the accused, by a considered order, the trial Court has rightly rejected the application filed by accused seeking discharge. Mere delay is not a ground to throw away the case of prosecution. It should be provided an opportunity

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CRL.RP NO.949 OF 2023

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to prove its case, during which it is required to explain the delay. This Court finds no justifiable grounds to interfere with the impugned order. During the trial, the accused would get opportunity to resist the prosecution and prove their defence.

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So far as the orders in Vittal and Swati Pai

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referred to supra and relied upon by the accused are not applicable to the facts and circumstances of the present case. In the result, the petition fails and accordingly, the following:

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ORDER

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(i) The petition filed by the petitioners/accused under Section 397 r/w 401 of Cr.P.C. is rejected.

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(ii) The impugned order dated 18.05.2023 in S.C.No.94/2019 on the file of LII Additional City Civil and Sessions Judge, Bengaluru, on the application filed under Section 227 of

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CRL.RP NO.949 OF 2023

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Cr.P.C filed by petitioner/accused is

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confirmed.

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(iii) The Registry is directed to send a copy of

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this order to the trial Court.

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