Bangalore District Court
Hebbal Police Station vs Harish G K on 18 June, 2025
KABC030881632022 Digitally signed
DEEPA
by DEEPA
VEERASWAMY VEERASWAMY
Presented on : 07-12-2022
Registered on : 07-12-2022
Decided on : 18-06-2025
Duration : 2 years, 6 months, 11 days
IN THE COURT OF THE VIII ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, BENGALURU CITY
Present: Smt. Deepa.V., B.A.L. LL B.
VIII ACJM, Bengaluru City.
Date: this the 18th Day of June, 2025
C.C. No.37630/2022
Crime No.31/202
State by Hebbala Police Station,
Bengaluru. ... Complainant
(Represented by Sri Vishwanath, Senior APP)
Versus
1. Sri Harish.G.K.,
Aged about 28 years,
S/o Sri Krishnappa,
2. Smt. Suguna,
Aged about 52 years,
W/o Sri Krishnappa,
KABC030881632022 CC No.37630/2022
3. Sri Krishnappa,
Aged about 55 years,
S/o Sri Venkatappa,
All are R/at Railway Gollahalli,
Kasaba Hobli, Nelamangala Taluk,
Bengaluru. ... Accused
(Represented By Sri. H.N.C.Kumar Gowda, Adv)
1. Date of commission of 04-03-2021 to
offence 01-09-2021
2. Date of FIR 16-02-2022
3. Date of Charge sheet 28-09-2022
4.Name of Complainant Smt. Chaithra.K.
5. Offences complained of Under Section 498(A)
read with Sec.34 of IPC
and Sec.3, 4 of D. P. Act
6. Date of framing of 09-10-2024
charges
7. Charge Pleaded not guilty
8. Date of commencement 17-06-2025
of evidence
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9. Date of Judgment is 18-06-2025
reserved
10. Date of Judgment 18-06-2025
11. Final Order Accused No.1 to 3 are
acquitted
12. Date of sentence -
JUDGMENT
The informant Smt. Chaitra.K., filed private
complaint against accused No.1 to 7 under Section
200 of Cr.P.C. for the offences punishable under
Sec.498(A), 323, 324, 504, 506 R/w Section 34 of
Indian Penal Code and Sec.3, 4 of Dowry Prohibition
Act on 11-10-2021. On receipt of complaint, this
court has registered the complaint as PCR and
referred the case as required under Sec.156(3) of
Cr.P.C. to Hebbala Police Station for investigation and
submit report. Accordingly, the Police Inspector of
Hebbala Police Station after the investigation
submitted charge sheet against accused No.1 to 3 for
the offences punishable under Section 498(A) read
with Section 34 of IPC and Sec.3, 4 of D.P. Act.
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2. Prosecution Case: The marriage of CW1
namely Smt. Chaithra and the accused No.1 was
solemnized on 04-02-2021 as per Hindu customs
and rites, at that time accused demanded and
received gold ornaments and Rs.4 lakh as dowry from
the family of CW1. After the marriage, CW1 was
residing with the accused No.1 to 3 in the house
situated at Railway Gollahalli, Nelamangala Taluk,
Bangalore Rural District, wherein the accused
persons with common intention did not provide food
and clothes to her and subjected her to mental and
physical cruelty for the reason of fetching additional
dowry amount. Thereafter on 29-09-2021, while CW1
and the accused No.1 were residing in the house No.
15, 4th Cross, Gangamma Layout, Gudda Halli, within
the limits of Hebbala Police Station, the accused No.1
to 3 subjected CW1 with physical and mental cruelty
for fetching additional dowry amount of Rs.10 lakh.
3. First Information Report: Upon the receipt
of private complaint, Sri Madhu C.V., CW11/PSI of
Hebbala Police Station registered Crime No.31/2022
against the accused and his family members for the
offences punishable under Section 498(A), 506, 504,
323 read with Sec.34 IPC and Sec.3, 4 of D.P. Act,
prepared FIR and sent the same to the Court and
drawn spot mahazar as per Ex.P2 on 16-02-2022.
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4. Investigation: Thereafter, CW12 Sri Dileep
Kumar K.H., Police Inspector recorded the statement
of requisite witnesses, collected the documents and
submitted the charge sheet against accused No.1 to 3
for the offences punishable under Section 498(A) read
with Section 34 of IPC and Sec.3, 4 of D.P. Act.
5. On receipt of charge sheet, this Court took
cognizance of offences alleged against the accused.
6. The accused No.1 to 3 were enlarged on bail
by the order dated 27-04-2023.
7. Copies of prosecution papers as required
U/Sec.207 of Cr.P.C have been furnished to the
accused No.1 to 3.
8. Charge: After hearing learned Senior APP and
counsel for accused No.1 to 3, charge for the offences
punishable U/Sec.498(A) read with Section 4 of
Indian Penal Code and Section 3, 4 of Dowry
Prohibition Act, has been framed, read over and
explained to the accused persons in the language
known to them, who, in turn, pleaded not guilty and
claimed to be tried.
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9. Prosecution Evidence: The prosecution in
order to establish its case cited 12 witnesses and
examined 1 witness and exhibited 3 documents. The
learned Senior APP prayed for issuance of witness
summons to other witnesses however his prayer was
rejected on the ground that no purpose would be
served as PW1 and the accused have compromised
compromised the matrimonial differences in M.C.
No.7925/2024 and hence the examination of CW2 to
CW12 was dispensed with by the order dated
17/06/2025.
10. Accused statement as per section 313 of
CrPC: There are no incriminating evidences against
the accused found from the evidence of prosecution
thereby the recording of statement of accused as per
Sec.313 of Cr.P.C. is dispensed with.
11. Heard the arguments. Perused materials on
the record.
12. The following point are arises for
consideration is as follows;
1. Whether the prosecution
proved beyond all reasonable
doubt that at the time of
marriage of CW1 namely Smt.
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Chaitra with accused No.1 on
04-02-2021, the accused
demanded and received gold
ornaments and cash of Rs.4
lakhs as dowry from the family
of CW1 thereby resulted in
commission of an offence
punishable under Sec.3 of
Dowry Prohibition Act?
2. Whether the prosecution
proved beyond all reasonable
doubt that after marriage,
CW1 was residing with
accused No.1 to 3 in a house
situated at Railway Gollahalli,
Nelamangala Taluk, Bangalore
Rural District, wherein the
accused persons with common
intention did not provide food
and clothes to her and
subjected her to mental and
physical cruelty for fetching
additional dowry amount and
thereafter on 29-09-2021, while
CW1 and the accused No.1
were residing separately at
House No. 15, 4th Cross,
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Gangamma Layout, Gudda
Halli, within the limits of
Hebbala Police Station, the
accused No.1 to 3 with common
intention subjected CW1 to
physical and mental cruelty for
fetching additional dowry
amount of Rs.10 lakh, thereby
resulted in commission of the
offences punishable under
Sec.498(A) read with Sec.34 of
IPC and Sec.4 of Dowry
Prohibition Act?
3. What order?
13. The findings on the above points are as
under:
Point No.1 & 2: In the Negative
Point No.3 : As per final orderREASONS
14. Point No.1 & 2: These points are taken up
together for the purpose of common discussion in
order to avoid repetition of facts as they form the
same part of transaction. In support of prosecution
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case as narrated in paragraph 2 and the point for
consideration in paragraph 12 of this judgment, the
prosecution has examined one witness, which is as
follows:
i. CW1 by name Smt. Chaithra, being
informant examined as PW1 and identified her
signatures on Ex.P1 (Complaint) and Ex.P2 (Spot
Mahazar) as Ex.P1(a) and 2(a) deposed that when she
went to the police station for sorting out the minor
differences of opinion amongst her and the accused,
the police obtained her signatures on the said
documents and she pleaded ignorance about the
contents of Ex.P1 and Ex.P2. Further she deposed on
the advise of elders, she lodged the complaint. She
filed Divorce Petition against accused No.1 before
family court in MC No.7925/2024 wherein she and
the accused No.1 entered into the settlement
agreement before the Mediation Centre and she has
received Rs.2 lakh as permanent alimony. In this
regard, the learned Sr.APP cross examined this
witness by treating her as hostile witness but no
favorable answer has been elicited from her to
support the prosecution case. Her denial of further
statement given before the police is marked as per
Ex.P3.
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15. However PW1 admitted in her chief
examination as under
ನಾನು ಕೌಟುಂಬಿಕ ನ್ಯಾಯಾಲಯದಲ್ಲಿ
ಎಂ.ಸಿ.ನಂ.7925/2024 ಅನ್ನು ವಿಚ್ಫೇದನ
ಕೋರಿ ಸಲ್ಲಿಸಿರುತ್ತೇನೆ. ಸದರಿ ಅರ್ಜಿಯಲ್ಲಿ ನನ್ನ
ಮತ್ತು 1ನೇ ಆರೋಪಿ ನಡುವೆ ಇರುವ
ಭಿನ್ನಾಭಿಪ್ರಾಯಗಳನ್ನು ಸರಿ ಮಾಡಿಕೊಂಡು
ಪರಸ್ಪರ ವಿಚ್ಫೇದನವನ್ನು ಪಡೆಯಲು ಒಪ್ಪಿ
Mediation Agreement ಗೆ ಸಹಿ
ಮಾಡಿರುತ್ತೇವೆ. ಸದರಿ ಅಗ್ರಿಮೆಂಟ್ ನಲ್ಲಿ ಶಾಶ್ವತ
ಜೀವನಾಂಶವಾಗಿ ರೂ.2,00,000/- ಅನ್ನು
ಪಡೆದುಕೊಂಡು ಈ ಪ್ರಕರಣವನ್ನು
ಹಿಂಪಡೆಯುತ್ತೇನೆ ಎಂದು ಒಪ್ಪಿರುತ್ತೇನೆ. ಅದೇ
ರೀತಿ 1ನೇ ಆರೋಪಿ ಈ ದಿನ ರೂ.2,00,000/-
ಗಳನ್ನು ನಗದು ರೂಪದಲ್ಲಿ ತೆರೆದ
ನ್ಯಾಯಾಲಯದಲ್ಲಿ ಆರೋಪಿತರ ಪರ ವಕೀಲರ
ಸಮಕ್ಷಮ ನನಗೆ ಕೊಟ್ಟಿರುತ್ತಾರೆ.
On perusal of the above recitation, it appears that
the disputes between the accused No.1 and CW1
(informant) have been settled and she has received
Rs.2,00,000/- from accused as permanent alimony.
16. This court places reliance in the case of
B.S. JOSHI AND ORS. V. State of jaryana and anr
reported in AIR 2003 SCW 1824, wherein it was held
that,
“in a case where matrimonial disputes
have been resolved between the parties then
in that case offence under Section 498A of
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I.P.C. may be compounded between the
parties for according to them an
opportunity to settle in life afresh.
and in the case of Ranjana Banerjee v. Bijay
Bhushan Banerjee and Ors., 1996(2) East. Cri. C.
808 (Pat), wherein this lordship observed which runs
thus:
“It appears that good sense have been
prevailed amongst the spouses and when it
became impossible for them to lead
conjugal life any further and when the
matrimonial home has been broken for all
practical purposes, they have decided to
withdraw all allegations and counter
allegations against each other and get
themselves separated on divorce by mutual
consent. Although, Section 498A of the
Indian Penal Code is not compoundable,
but in the nature and circumstances of the
case and the situation prevailing, accord is
hereby granted to compromise the dispute
between the parties and hence joint petition
filed in both the cases are hereby allowed.”
It further held that after examining the
nature of the case and the circumstances,
under which the offence has been
committed, it would be proper to compound
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the offence and in my opinion, it would be
also meet the ends of justice.”
ADMITTEDLY, the disputes between the PW1
and accused No.1 have been resolved. The criminal
case under Section 498(A) of IPC and Sec.3, 4 of D.P.
Act is the off-shoot of the said matrimonial dispute.
The parties have come to their terms and in
pursuance thereto the CW1/PW1 does not intend to
proceed with this case and hence she has not
supported the prosecution case.
17. In the case of the KRISHNA vs STATE OF
KARNATAKA reported in Laws(Kar) 2014 4 464,
wherein it was held that “it would be unfair or
contrary to the interest of justice to continue with the
criminal proceeding or continuation of criminal
proceeding would tantamount to abuse of process of
law despite settlement and compromise between the
victim and the wrongdoer and to secure the ends of
justice, it is appropriate that criminal case is put to
an end”.
18. Under these circumstances and on the
principles laid down by the Hon’ble Apex and Hon’ble
High Court of Karnataka, even if other witnesses
examined by the prosecution, they did supported the
prosecution, would not helpful to the prosecution.
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Under these circumstances, this court feels it is a
waste of precious time of the Court in examining
other witnesses. Moreover the evidence of other
witnesses is only formal in nature. Therefore, the
prayer of learned Sr.APP is rejected and prosecution
evidence is taken as closed and hence the ingredients
for offences Under Section 498(A) of IPC and Sec.3, 4
of D.P. Act was not proved beyond reasonable doubt.
Accordingly, this court answer the point No.1 and 2
in the Negative.
19. Point No.3:- In view of the above findings
and reasons given on point No.1 and 2, this Court
proceeds to pass the following:
ORDER
Acting U/Sec.248(1) of the Cr.P.C.
(i) The accused No.1 to 3 are
found not guilty and acquitted
from the offences punishable
under Sec.498(A) read with
Section 34 of Indian Penal Code
and Sec.3, 4 of Dowry Prohibition
Act.
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(ii) Accused are set at liberty.
(iii) In view of Section 437-A of
Cr.P.C., their bail bonds shall be
in force for 6 (six) months.
(iv) Ordered accordingly.
(Dictated to the stenographer directly on the computer, verified and corrected
by me in my laptop, then the judgment pronounced by me in the open court,
on this the 18th day of June, 2025)
(Deepa.V.),
VIII Addl. Chief Judicial
Magistrate, Bengaluru City.
ANNEXURE
Witnesses examined for Prosecution :
PW1 : Smt. Chaithra.K. Informant
Documents marked on behalf of Prosecution:
Ex.P1: Complaint
PW1
Ex.P2: Spot Mahazar
Ex.P3: Statement of PW1
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Material Objects marked on behalf of prosecution:NIL
Witnesses examined for the defence:Nil
Documents marked on behalf of the defence: Nil
VIII Addl. Chief Judicial
Magistrate, Bengaluru City.
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18-06-2025
Judgment pronounced in the open court vide separately
ORDER
Acting U/Sec.248(1) of the Cr.P.C.
(i) The accused No.1 to 3 are
found not guilty and acquitted
from the offences punishable
under Sec.498(A) read with
Section 34 of Indian Penal Code
and Sec.3, 4 of Dowry Prohibition
Act.
(ii) Accused are set at liberty.
(iii) In view of Section 437-A of
Cr.P.C., their bail bonds shall be
in force for 6 (six) months.
(iv) Ordered accordingly.
VIII ACJM, B’luru City
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