Allowed¶26

Abhishek K v. the State of Karnataka

Karnataka HC4 Feb 2025CRL.P/10895/2024

Case brief

AI extract

What is this about?

Karnataka HC, Bengaluru; CRL.P No. 10895 of 2024; NC: 2025:KHC:5046; Justice Hemant Chandangoudar; decided 04-02-2025; speedy disposal of trial; S.482 Cr.PC / S.528 BNSS; Ss.498A, 323, 504 r/w 34 IPC; Ss.3 and 4 Dowry Prohibition Act 2005; C.C. No. 24470/2022; 7th Additional Chief Metropolitan Magistrate Bengaluru; complainant non-appearance; fair trial; accused No.1 Abhishek K; complainant respondent Sangeetha; Vidyaranyapura Police Station.

What did the court decide?

Direction to the 7th Additional Chief Metropolitan Magistrate, Bengaluru, to dispose of C.C. No. 24470/2022 within six months from the next date of hearing, conditioned on petitioner/accused No.1 cooperating with the trial. ¶26

Abhishek K Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

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NC: 2025:KHC:5046 CRL.P No. 10895 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF FEBRUARY, 2025 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10895 OF 2024 (482(Cr.PC) / 528(BNSS))

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BETWEEN:

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ABHISHEK K S/O. LATE KAMAL KISHOR, AGED ABOUT 35 YEARS, RESIDING AT NO. 403, PEARLS PARADISE APARTMENT, BASAVA SAMATHI EXTENSION, THINDLU, VIDYARANYAPURA, BENGALURU - 560097.

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…PETITIONER

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(BY M/S. GUHA ASSOCIATES AND SRI. P.PRASAD, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA VIDYRANYAPURA POLICE STATION, BY VIDYARANYAPURA REPRESENTED BY ITS SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560001.

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B K MAHENDRAKUMAR Digitally signed by B KMAHENDRAKUMAR Location: High Court ofKarnataka, Dharwad BenchDate: 2025.02.07 11:09:33 +0530

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SMT. SANGEETHA W/O. ABHISHEK K, AGED ABOUT 29 YEARS, RESIDING AT NO. 660, BELAVATHA, R.B.I POST, MYSURU – 570003.

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…RESPONDENTS

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(BY SRI. M.R.PATIL, HCGP)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO, DIRECT IN CC NO.24470/2022, IS PENDING IN THE COURT OF THE 7^TH ADDL. METROPOLITAN MAGISTRATE, BENGALURU, FOR SPEEDY DISPOSAL OF THE CASE AGAINST THE PETITIONER, FOR ALLEGED OFFENCE P/U/S 498(A), 323 AND 504 R/W 34 OF IPC, AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT, 2005, REGISTERED BY THE VIDYARANYAPURA POLICE STATION, BANGALORE.

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NC: 2025:KHC:5046 CRL.P No. 10895 of 2024

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The learned High Court Government Pleader is directed to take notice for respondent No.1 – State.

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The petitioner/accused is facing prosecution for offences punishable under Sections 498A, 323, and 504 read with Section 34 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 2005, and has approached this Court seeking relief.

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This Court has already quashed the impugned proceedings insofar as they relate to petitioner/accused Nos. 2 and 3. The grievance of petitioner/accused No.1 is that, despite issuance of notices to the complainant and other charge-sheet witnesses, the trial has not commenced due to the non-appearance of the complainant. As a result, the pendency of criminal proceedings has adversely affected the petitioner’s right to fair trial.

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Considering the above, it is expedient to direct the 7th Additional Chief Metropolitan Magistrate, Bengaluru, to dispose of C.C. No. 24470/2022 within a period of six months from the next date of hearing, subject to petitioner/accused No.1 cooperating with the trial.

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NC: 2025:KHC:5046 CRL.P No. 10895 of 2024

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Ordered accordingly.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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AC Ct:vh List No.: 19 Sl No.: 10

Abhishek K v. the State of Karnataka

Case brief

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Abhishek K v. the State of Karnataka

Case brief

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