- 1 - NC: 2025:KHC:1333 CRL.P No. 4956 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.4956 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. RATHNAMMA W/O K. H. MOHAN AGED ABOUT 63 YEARS, 2ND CROSS ROAD, THUNGABADRA COLONY, HARIHARA, DAVANGERE DISTRICT - 577 001. 2. SMT. BASAMMA @ NEELAVVA W/O LAKSHMANA AGED ABOUT 72 YEARS ARALIKATTE OPP. KSRTC BUS STOP, D.S.ROAD, RANIBENNUR TOWN HAVERI - 581 110. …PETITIONERS (BY SMT. SHRUTHI S.P., ADVOCATE FOR SRI. VINAYA KEERTHY M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HARIHARA TOWN POLICE HARIHARA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT. SUSHMA W/O VINAY KUMAR AGED ABOUT 32 YEARS, VIDYANAGAR 'A' BLOCK Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1333 CRL.P No. 4956 of 2024 1ST MAIN, 1ST CROSS, VIDYANAGAR, HARIHARA TALUK DAVANGERE - 577 001. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. S.G. RAJENDRA REDDY, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET IN SPL.C.NO.723/2023 FILED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONERS HEREIN BEFORE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE DISTRICT, DAVANAGERE AND J.M.F.C COURT, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 498A, 448, 323, 324, 354(B), 504, 506, 34 INDIAN PENAL CODE AND SEC. 3, 4 & 6 OF DOWRY PROHIBITION ACT, 1961 AND SEC. 3(1)(R), 3(1)(S), 3(1)(W), 3(2)(V) (A) OF SC & ST (POA) ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR ORAL ORDER 1. This petition is by accused Nos.2 and 3 in Spl.C. No.723/2023 on the file of II Addl. Dist. & Sessions Judge, Davanagere District, Davanagere, seeking quashing of the charge- sheet / impugned proceedings for the offences punishable under Sections 498A, 448, 323, 324, 354(B), 504, 506, 34 of Indian Penal - 3 - NC: 2025:KHC:1333 CRL.P No. 4956 of 2024 Code and Sections 3, 4 & 6 of Dowry Prohibition Act, 1961 and Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v-a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2. Though several contentions have been urged by the petitioners in support of their claim as borne out from the material on record, as submitted by the learned counsel for the petitioners, it is an undisputed fact that the matter is posted before the Sessions Court by fixing the date for trial on 25.02.2025, after charges have been framed. Under these circumstances, the question of interfering with the impugned proceedings at this stage would not arise in the facts and circumstances of the instant case. 3. Learned counsel for accused Nos.2 and 3 submit that both the petitioners being women and senior citizens are not in a position to travel all the way from Ranebennur or Harihar to Davanagere and appear before the Sessions Court on all dates of hearing, due to their age related ailments and personal inconvenience and therefore, they may be exempted from personal appearance. - 4 - NC: 2025:KHC:1333 CRL.P No. 4956 of 2024 4. Per contra, learned counsel for respondent No.2 would oppose the said submission. 5. In the light of the aforesaid facts and circumstances urged, it is undisputed fact that the petitioners are senior citizens and being women, and in the light of their specific contention that they are not in a position to travel all the way from Ranebennur and Harihar to Davanagere and appear before the Sessions Court, the petitioners are exempted from personally appearing before the Sessions Court at Davanagere, in Spl.C.No.723/2023, on the dates of hearing of the case. However, the petitioners are directed to be present before the Sessions Court during the course of recording evidence by the Court and as directed by the Court. 5.1 All rival contentions of the parties are kept open and no opinion is expressed on the merits of the matter. 6. The Criminal Petition stands disposed of in the above terms. SD/- (S.R.KRISHNA KUMAR) JUDGE sac List No.: 1 Sl No.: 24