The State vs Dr S Balakrishna
2024 Latest Caselaw 28004 Kant

Karnataka High Court

The State vs Dr S Balakrishna on 22 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                    NC: 2024:KHC:47806
                                                CRL.RP No. 952 of 2017




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 22ND DAY OF NOVEMBER, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION No.952 OF 2017
            BETWEEN:

            1.    THE STATE
                  BY WOMEN POLICE STATION
                  SOUTH ZONE, BASVANAGUDI,
                  BENGALURU 560 004.
                  REPRESENTED BY
                  STATE PUBLIC PROSECUTOR,
                  OFFICE OF THE HIGH COURT BUILDING,
                  BANGALORE 560 001.
                                                         ...PETITIONER
            (BY SRI VINAY MAHADEVAIAH, ADVOCATE)
            AND:

            1.    DR S BALAKRISHNA
                  (STATED BALASUBRAMANYA
                  IN C.C. NO.20477/2009)
                  S/O SRI. N.D. SHYAMA SUNDAR
Digitally         UNIVERSITY TOWERS, YORK STREET,
signed by         NEW HAVEN, CONNECTICUT,
MALATESH          U.S.A. AND
KC                R/AT #12, SURVEYAR STREET,
Location:         BASAVANAGUDI,
HIGH
COURT OF          BENGALURU-560 004
KARNATAKA                                               ...RESPONDENT
            (BY SRI ANOOP HARANAHALLI FOR
            SRI S S SRINIVASA RAO, ADVOCATES)

                 THIS CRL.RP IS FILED UNDER SECTION 397 CR.P.C
            PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED
            BY THE APPELLATE COURT - XLV ADDITIONAL CITY CIVIL AND
            SESSIONS JUDGE, BENGALURU CITY AND L ADDITIONAL CITY
            CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN
                               -2-
                                            NC: 2024:KHC:47806
                                       CRL.RP No. 952 of 2017




CRL.RP.NO.999/2015 DATED 02.05.2017 DISCHARGING THE
ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 498(A) OF
IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AND
CONFIRM THE ORDER DATED 20.10.2015 PASSED BY THE II
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU
IN C.C.NO.20477/2009 DISMISSING THE APPLICATION FILED
U/S 239 OF CR.P.C.

     THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                         ORAL ORDER

Learned counsel for the respondent files a memo along

with copy of the divorce Order. Same is placed on record.

Since the parties have separated themselves, and order

under revision is one of discharge of respondent for the offence

punishable under Section 498A of the Indian Penal Code and

Sections 3 and 4 of the Protection of Women from Domestic

Violence Act, 2005, present revision petition would not further

survive for consideration.

Accordingly, criminal revision petition stands dismissed.

Sd/-

(V SRISHANANDA) JUDGE

kcm