Dismissed

K Ekanthappa v. the State of Karnataka

Karnataka HC19 Apr 2024CRL.P/1676/2024

Case brief

AI extract

What is this about?

Parents-in-law of the deceased sought quashing of trial proceedings against them under Section 498A IPC and the Dowry Prohibition Act. The Court found charge sheet material including witness statements about ill-treatment sufficient, noted trial had commenced in 2021, declined to interfere and dismissed the petition.

What did the court decide?

Petition dismissed; Trial Court directed to expedite and dispose of S.C.No.43/2018 as expeditiously as possible.

K Ekanthappa Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC:15784 CRL.P No. 1676 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 1676 OF 2024

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BETWEEN:

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K. EKANTHAPPA S/O LATE GURUSIDDAPPA AGED ABOUT 73 YEARS OCC AGRICULTURE FARMER R/O GANDHINAGARA VILLAGE DAVANAGERE TALUKA DAVANAGERE DISTRICT - 577 001.

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SMT. NAGARATNAMMA @ RATHNAMMA W/O EKANTHAPPA AGED ABOUT 62 YEARS OCC HOUSEHOLD WORK R/O GANDHINAGAR VILLAGE DAVANAGERE TALUKA DAVANAGERE DISTRICT - 577 001.

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…PETITIONERS

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Digitally signed by PAVITHRA N Location: High Court of Karnataka

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(BY SRI DHANANJAY KUMAR, ADV.)

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AND:

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THE STATE OF KARNATAKA BY DAVANAGERE RURAL POLICE STATION DAVANAGERE DISTRICT - 577 001 REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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HANUMANTHAPPA COMPLAINANT S/O NANJESHAPPA C.R AGED ABOUT 37 YEARS

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OCC AGRICULTURE

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R/AT MELLEKATTI VILALGE

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NC: 2024:KHC:15784 CRL.P No. 1676 of 2024

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…RESPONDENTS

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DAVANAGERE TALUKA DAVANAGERE DISTRICT

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(BY SRI R. RANGASWAMY, HCGP)

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THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.43/2018, PENDING ON THE FILE OF 2ND ADDL. DISTRICT JUDGE, DAVANAGERE FOR THE OFFENCE P/U/S 304B, 498A, 302 R/W SEC. 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused nos.2 & 3 are before this Court under Section 482 Cr.PC with a prayer to quash the entire proceedings in S.C.No.43/2018 pending before the Court of II Addl. District Judge, Davanagere, arising out of Crime No.269/2017 registered by Davanagere Rural Police Station for the offences punishable under Sections 304B, 498A, 302, 34 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

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Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1.

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Learned Counsel for the petitioners having reiterated the grounds urged in the petition submits that there is absolutely

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3 - NC: 2024:KHC:15784 CRL.P No. 1676 of 2024

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no material as against the petitioners herein for the alleged offences. The proceedings initiated against them is clear abuse of process of law. The petitioners were not at all present at Davanagere as on the date of incident. There is no substantiating evidence to prove the allegations made against the petitioners.

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Per contra, learned HCGP has opposed the petition. He submits that the charge sheet is filed after investigation for heinous offence. Though the case is pending before the Trial Court for the last nearly six years, there is no progress in the trial since the accused have not been co-operating. The trial has already commenced in the case in the year 2021 itself. Accordingly, she prays to dismiss the petition.

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The material on record would go to show that FIR in the present case has been registered and charge sheet has been filed against the accused for the offencse punishable under Sections 304B, 498A, 302 read with 34 IPC and Sections 3 & 4 of the Dowry Prohibition Act. During the course of investigation, the police have examined as many as 46 witnesses in the

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NC: 2024:KHC:15784 CRL.P No. 1676 of 2024

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present case. Accused nos.2 & 3 are the parents of accused no.1 who is the husband of the deceased.

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The material on record would go to show that the accused persons were demanding additional dowry and were ill-treating and torturing the deceased. It is alleged that accused no.1 on 19.08.2017 had abused and assaulted the deceased and had committed her murder by strangulating her neck with the help of her saree. Charge sheet for the offences under Sections 304B, 302 IPC is filed only as against accused no.1.

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So far as the petitioners herein are concerned, charge sheet has been filed for the offences under Section 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act. CWs-11, 16, 20, 22, 25 & 26 have spoken about the ill-treatment meted out by the petitioners herein on the deceased. They have also stated about the panchayats that were held as a result of the ill-treatment that was meted out on the deceased by the accused persons.

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The material on record would go to show that the trial in the present case has commenced in the year 2021 itself. However, since the accused persons have not co-operated

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NC: 2024:KHC:15784 CRL.P No. 1676 of 2024

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before the Trial Court, there is no much progress in the trial. Under the circumstances, I do not find any good ground to entertain this petition. Accordingly, the following order:

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Petition is dismissed. The Trial Court shall expedite the

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trial and dispose of the case, as expeditiously as possible.

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Sd/JUDGE

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K Ekanthappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

K Ekanthappa v. the State of Karnataka

Case brief

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