Karnataka High Court
Vijaykumar S/O Mahankalappa vs The State Of Karnataka And Anr on 6 July, 2023
Bench: Hemant Chandangoudarpresided Byhcj
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CRL.P No. 200516 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.200516 OF 2023
BETWEEN:
1. VIJAYKUMAR S/O MAHANKALAPPA,
AGED ABOUT 34 YEARS,
OCC: ASST. PROFESSOR AT NAVODAYA
ENGG. COLLEGE RAICHUR (PART TIME),
R/AT C/O KISHANRAO,
H.NO.7/7/51, SAVETHRI COLONY,
NEAR JODANJANEYYA TEMPLE,
RAICHUR - 584 101.
...PETITIONER
(BY SRI. B.C. JAKA, ADVOCATE)
Digitally signed AND:
by LUCYGRACE
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA THROUGH
KARNATAKA
LINGASUGUR POLICE STATION,
TQ. LINGASUGUR, DIST. RAICHUR-584 122,
NOW REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 107.
2. PRIYANKA W/O VINODAKUMARA,
AGED ABOUT 27 YEARS,
OCC: HOUSEHOLD,
R/AT ADARSHA COLONY, SINDHANUR,
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CRL.P No. 200516 of 2023
NOW R/AT NEAR CHAMUNDESHWAR TEMPLE,
LINGASUGUR, DIST. KALABURAGI-584 122.
...RESPONDENTS
(SRI. SHARANABASAPPA M. PATIL, HCGP FOR R1;
NOTICE TO R2 - SERVED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. BY THE
ADVOCATE FOR THE PETITIONER, PRAYING TO SET ASIDE
THE ORDER DATED 28.06.2022, IN C.C.NO.1617/2021 (OLD
NUMBER), PENDING ON THE FILE OF PRL. CIVIL JUDGE AND
JMFC AT LINGASUGUR, WHICH IS RENUMBERED AS
C.C.NO.68/2023, PENDING ON THE FILE OF SENIOR CIVIL
JUDGE AT LINGASUGUR AND ALSO SET ASIDE THE ORDER
DATED 03.11.2022, IN CRL.R.P. NO.51/2022, PASSED BY THE
PRL. DISTRICT AND SESSIONS JUDGE RAICHUR, BY
ALLOWING DISCHARGE APPLICATION FILED BY THE
PETITIONER, WHICH WAS REGISTERED ON THE BASIS OF
CASE REGISTERED IN CRIME NO. 246/2020, BY THE 1st
RESPONDENT, LINGASUGUR POLICE AND FILED CHARGE
SHEET FOR THE OFFENCES PUNISHABLE U/SEC. 143, 147,
498(A), 504, 506 R/W 149 OF IPC AND SEC. 3, 4 AND 6 OF THE
DOWRY PROHIBITION ACT, 1961 AGAINST THE PETITIONER
TO SECURE THE ENDS OF JUSTICE AND TO PREVENT
ABUSE OF PROCESS OF THE COURT.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner has been charge sheeted for the
offences punishable under Sections 143, 147, 498(A), 504, 506
R/w Section 149 of IPC and Sections 3, 4 and 6 of the Dowry
Prohibition Act, 1961.
2. The summary of the charge sheet is that, accused
No.1 is the husband of the De-facto complainant, accused
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CRL.P No. 200516 of 2023
Nos.2 and 3 are the parents-in-law and accused Nos.4 to 6 are
the brother-in-laws and they subjected the De-facto
complainant to cruelty both mentally and physically and also a
demand was made to bring money from her parental home.
3. The accused filed an application for discharge under
Section 239 of Cr.P.C. before the Principal Civil Judge and JMFC
at Lingasugur, and the said application came to be rejected.
Aggrieved by the same, the petitioner filed a criminal revision
petition before the Principal Sessions Judge at Raichur and the
learned Sessions Judge dismissed the said petition, against
which the present petition is filed by accused No.5.
4. Heard the learned counsel for the petitioner-
accused No.5 and the learned High Court Government Pleader
for respondent No.1-State.
5. Respondent No.2 - De-facto complainant though
served with notice, has not chosen to appear in person or
through her counsel.
6. Perusal of the charge sheet material indicates that,
there is no specific allegation as against the petitioner that he
either assaulted or abused the De-facto complainant or
demanded to bring money from her parental home. The
eyewitnesses to the incident have also not spoken with regard
to the overt act of the petitioner. The petitioner is working as
Assistant Professor in the Department of Civil Engineering run
by Navodaya Education Trust since 21.07.2015. The
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CRL.P No. 200516 of 2023
appointment order produced by the petitioner has not been
disputed by respondent No.2.
7. The Hon'ble Supreme Court in the case of
Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599 at
para 18 has held as follows:
"18. The above-mentioned decisions clearly
demonstrate that this court has at numerous instances
expressed concern over the misuse of section 498A IPC
and the increased tendency of implicating relatives of
the husband in matrimonial disputes, without analysing
the long term ramifications of a trial on the complainant
as well as the accused. It is further manifest from the
said judgments that false implication by way of general
omnibus allegations made in the course of matrimonial
dispute, if left unchecked would result in misuse of the
process of law. Therefore, this court by way of its
judgments has warned the courts from proceeding
against the relatives and in-laws of the husband when
no prima facie case is made out against them."
8. In the absence of any allegation that the petitioner-
accused No.5 subjected the De-facto complainant to cruelty
both physically and mentally and also demanded to bring
money from her parental home, the continuation of the criminal
proceedings only on the basis of omnibus and general
allegations will be an abuse of process of law. Accordingly, I
pass the following:
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CRL.P No. 200516 of 2023
ORDER
i. Criminal petition is allowed.
ii. The impugned order dated 28.06.2022 passed by the
Principal Civil Judge and JMFC at Lingasugur in
C.C.No.68/2023 on an application filed under Section
239 of Cr.P.C. insofar as it relates to petitioner-
accused No.5 and also the order dated 03.11.2022
passed by the Principal District and Sessions Judge,
Raihcur in Criminal Revision Petition No.51/2022
insofar as it relates to the petitioner-accused No.5 are
hereby quashed. Consequently, the application filed
under Section 439 of Cr.P.C. insofar as it relates to the
petitioner-accused No.5 is hereby allowed and the
petitioner-accused No.5 is discharged from the
offences alleged against him.
Sd/-
JUDGE
LG
