- 1 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10001 OF 2024 BETWEEN: ALFRED DEVID S/O LATE PRADRIK DEVID AGED ABOUT 49 YEARS R/AT NO.3, 11TH FLOOR TOWER TEN, TATA NEW HAVEN DASANAPURA, BENGALURU – 562 162. …PETITIONER (BY SRI KEERTHI PRASAD D. C., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER SOUTH EAST WOMEN POLICE STATION BENGALURU CITY BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. OLIVA D’SOUZA W/O ALFRED DAVID AGED ABOUT 47 YEARS W/O ALFRED DEVID NO.70, EAGLE RIDGE BEGURU KOPPA ROAD Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 BENGALURU – 560 068. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; R2 – SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS CC NO.19379/2024 FOR THE OFFENCES P/U/S 498A, 323, 504, 506 IPC IN CRIME NO.0022/2024 BY THE SOUTH EAST WOMAN POLICE STATION BENGALURU CITY PENDING ON THE FILE OF 39TH ACMM COURT, NRUPATUNGA ROAD, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proceedings in C.C.No.19379/2024, pending before the 39th Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, for the offences under Sections 323, 498A, 504 and 506 of the IPC. 2. Heard Sri Keerthi Prasad D.C., learned counsel for petitioner and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1. Respondent No.2 – complainant though served, has chosen to remain unrepresented. - 3 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 3. Facts in brief, germane, are as follows: The petitioner is the husband of respondent No.2 – complainant. The marriage between the two has given raise to several proceedings. A crime comes to be registered in Crime No.198/2022, for the offences under Section 498A and 506 of the IPC. A charge sheet is filed against the husband in the said crime and the matter is pending in C.C.No.29757/2022. A second complaint is registered on an incident that takes place on 10.04.2024. The incident is, the husband abuses the complainant and children in filthy language, assaults and snatches the key of the house from the hands of the wife and therefore, the crime is registered for the offences under Sections 323, 498A, 504 and 506 of the IPC. The police conduct investigation and file a charge sheet. Filing of the charge sheet has driven the petitioner – husband to this Court in the subject petition. 4. The learned counsel appearing for the petitioner would vehemently contend that all the allegations in the complaint or the charge sheet would not meet the ingredients of the - 4 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 offences. He would submit that already a complaint is registered on the same set of facts and alleging harassment and torture and the present complaint is second in line, on the very same allegations. There is no corroborative material against the petitioner for the alleged offences. The parties are already before the concerned Court seeking decree of divorce and the present proceedings are only initiated with malafide intention. 5. Per contra, the learned Additional State Public Prosecutor appearing for respondent No.1 – State would vehemently refute the submissions, contending that there are allegations against the petitioner, both in the complaint as well as in the charge sheet. There is no interference warranted by this Court as the petitioner has to face trial and come out clean. He would seek dismissal of the petition. 6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 7. The afore-narrated facts are not in dispute. The relationship between the parties, is also not in dispute. After - 5 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 the marriage between the petitioner and complainant went irrevocably sore. The irrevocability was attributed to the acts of the husband/accused No.1 who is alleged of harassment and mental torture meted to the wife. First complaint is registered in Crime No.198/2022 by the wife for the offences under Sections 498A and 506 of the IPC and the charge sheet is filed by the police after conduct of investigation in C.C.No.29757/2022. The case is pending before the concerned Court. The present complaint is the second in line, registered by the wife on 21.04.2024 for the incidents that are said to have taken place on 10.04.2024 and 11.04.2024. Since the entire issue has triggered from the complaint, I deem it appropriate to notice the complaint. It reads as follows: “To 21-04-2024 The i/c Women's Police Stn Adugodi, Bangalore From Dr. Oliva D’souza (47 yrs), 9845404955 No. 70, Eagle Ridge Begur koppa Road Bangalore - 560068 CHRISTIAN Subject: Complaint against my husband, Alfred David for:- - 6 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 1) Physical assault with hands &. Cutting pliers on me and minor son, Alden 12 years 2) Threat to life of me and our 2 minor children 3) Intimidation withdraw CC 4) Verbal, Mental, Emotional, financial, physical abuse and trauma to minors and me. 5) Threatening behaviour & coercion to commit suicide. 6) Harassment by harming my dignity as a woman. I have been living at the above address for 17 years. Post my marriage on 03.09.2007 to Mr. Alfred David We have two children Alden/Male/12years and Shavia/10years/ Female physically violet towards me I was a homemaker and thinking about the kids, treated the above, harassment, threats and dowry demands. We separated in 2022 due to escalation of abuse and Mr. David having multiple affairs. He has been residing with his mother, Mrs. Roseline at Tata value Homes. The Hulimavu police registered a case on them based on my complaint post a physical attack on me. The criminal case is running in court they have been harassing me to withdraw the case. On 28/1/24, around 1.00pm Mr. David came to the house with cutting pliers and other tools to back open the door. He abused me in filthy language in front of my kids & neighbours calling me a prostitute, bitch, bastard, whore etc. He cut the steel mesh on the door and pulled right hand out through the grill and twisted and when my son tried to help, he attacked my son with the cutting pliers and others tools leading to injuries on my sons hand and mine. My kids were severely traumatized and after consoling them, I set an email to the commissioner of police on 31.01.2024 about the incident since Mr. David threatened to burn me & our minor kids by locking us inside the house if I don't withdraw the c.c. and vacate the house. We also called 112 that day (28/1) to help solve the matter. He constantly harasses me by saying either kill yourself or I will kill you. - 7 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 He also threats the kids by saying he will have them arrested & that they should ask me to withdraw the case, else their mother will be killed. On 10.04.2024, at around 04.00pm he has physically assaulted my son while trying to snatch the house keys from him. He also assaulted me physically at around 4.30pm by pushing me hard and I fell down and hit my head on the floor. 112 was called and I got on MLC elove for both my sons & wife injuries. He again asked us to vacate the house and abused me in filthy words which harm my dignity as a women, threatening to kill me and make sure he will take the children away from me. On 11.04.2024, at approx. 12.30pm, Mr. David again come to our house when the kids were alone and threatened them that if they do not force me to withdraw the case, I would be killed and they will be left with no one to take care of them. This has traumatized my kids and they are mentally & emotionally living in fear of my death. This is causing me lot of mental, emotionally trauma as I am unable to earn for my kids peacefully and with all this regular drama, it is socially also making my kids fear attached, embarrassed to go out and play in the neighbourhood. Since Mr. David has not mended his ways inspite of me begging him to do so by settling matters amicably in court, I am forced to seek recourse from you through this complaint. I request you to kindly take strict legal action against him and protect me and my kids from this constant physical, mental, verbal, financial, emotional assault and abuse before his threats to our life come true. kindly help us. Thanking you Yours sincerely 1. Dr. Oliva D’souza (9845404955) Sd/- - 8 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 2. Alden Rae, 12years 3. Shania Mae, 10years Mr. Alfred David (Husband) 9901641557 c/o Mrs. Roseline David Flat No.3, 11th floor Tower 10 Tata new harrier Banglore-562123 Dasanapura.” (Emphasis added) The narration in the complaint is that, the husband coming to the house of the wife; threatening the wife and the children to withdraw the previous complaint; abusing in filthy language, assaulting the complainant and the kids; threatening the kids that their mother would be killed if the previous complaint is not withdrawn and petitioner – husband has also snatched the keys of the house of the wife. The investigation report also indicate the allegations made in the complaint. The summary of the charge sheet as obtaining in Column No.17 would point the allegations or the overt acts against the petitioner. It reads as follows: - 9 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 ““““17171717. . . . ೇ ನ ೇ ನ ೇ ನ ೇ ನ ಸಂ ಪ ಸಂ ಪ ಸಂ ಪ ಸಂ ಪ ಾಾಂಶ ಾಾಂಶ ಾಾಂಶ ಾಾಂಶ ಾಲA ನಂಬ 12 ರ. ನಮೂ ರುವ ಎ1 ಆೋ!ಯನು# ಾ 1 ರವರು 03.09.2007 ರಂದು %&ಾಹ&ಾ(ದು), ಾ 1 ರವ*+ೆ 12 ವಷ-ದ ಾ 2 ಮಗ/ರು0ಾ1ೆ, ಆೋ! ಎ1 ರವರು ಮದು&ೆಯ ನಂತರದ ನಗಳ ಾ 1 ರವ*+ೆ 4ೈ6ಕ&ಾ( ಮತು 8ಾನ ಕ&ಾ( 9ರುಕುಳ /ೕ:ದು), 1ಾಂಕ 1ಾಂಕ 1ಾಂಕ 1ಾಂಕ:10.04.2024 ರಂದು ರಂದು ರಂದು ರಂದು ಾ ಾ ಾ ಾ 1 ರವರ ರವರ ರವರ ರವರ ಮ1ೆಯ ಮ1ೆಯ ಮ1ೆಯ ಮ1ೆಯ ಜಗಳ ಜಗಳ ಜಗಳ ಜಗಳ 0ೆ+ೆದು 0ೆ+ೆದು 0ೆ+ೆದು 0ೆ+ೆದು ಾ ಾ ಾ ಾ 2. ರವ*+ೆ ರವ*+ೆ ರವ*+ೆ ರವ*+ೆ ಉಗು*/ಂದ ಉಗು*/ಂದ ಉಗು*/ಂದ ಉಗು*/ಂದ ಪರ= ಪರ= ಪರ= ಪರ= +ಾಯ +ಾಯ +ಾಯ +ಾಯ 8ಾ: 8ಾ: 8ಾ: 8ಾ: ಾ ಾ ಾ ಾ 1 ರವ*+ೆ ರವ*+ೆ ರವ*+ೆ ರವ*+ೆ ೈ>ಂದ ೈ>ಂದ ೈ>ಂದ ೈ>ಂದ ?ೊ@ೆದು ?ೊ@ೆದು ?ೊ@ೆದು ?ೊ@ೆದು ತABದ)*ಂದ ತABದ)*ಂದ ತABದ)*ಂದ ತABದ)*ಂದ ಹCೆ+ೆ ಹCೆ+ೆ ಹCೆ+ೆ ಹCೆ+ೆ DೆEಾF(ದು) DೆEಾF(ದು) DೆEಾF(ದು) DೆEಾF(ದು), ಾ ಾ ಾ ಾ 2 ಜಯನಗರ ಜಯನಗರ ಜಯನಗರ ಜಯನಗರ ಜನರG ಜನರG ಜನರG ಜನರG ಆಸH0ೆIಯ ಆಸH0ೆIಯ ಆಸH0ೆIಯ ಆಸH0ೆIಯ =90ೆJ =90ೆJ =90ೆJ =90ೆJ ಪ@ೆರು0ಾೆ ಪ@ೆರು0ಾೆ ಪ@ೆರು0ಾೆ ಪ@ೆರು0ಾೆ, ಎಎಎಎ1 ಆೋ! ಆೋ! ಆೋ! ಆೋ! 1ಾಂಕ 1ಾಂಕ 1ಾಂಕ 1ಾಂಕ:11.04.2024 ರಂದು ರಂದು ರಂದು ರಂದು ಾ ಾ ಾ ಾ 1 ರವ ರವ ರವ ರವ*+ೆ *+ೆ *+ೆ *+ೆ ಜಗಳ ಜಗಳ ಜಗಳ ಜಗಳ 0ೆ+ೆದು 0ೆ+ೆದು 0ೆ+ೆದು 0ೆ+ೆದು ಈ ಈ ಈ ಈ 6ಂ4ೆ 6ಂ4ೆ 6ಂ4ೆ 6ಂ4ೆ ಹುA8ಾವL ಹುA8ಾವL ಹುA8ಾವL ಹುA8ಾವL MೕN MೕN MೕN MೕN OಾCೆಯ OಾCೆಯ OಾCೆಯ OಾCೆಯ 4ಾಖ ರುವ 4ಾಖ ರುವ 4ಾಖ ರುವ 4ಾಖ ರುವ ೇಸನು# ೇಸನು# ೇಸನು# ೇಸನು# &ಾಪಸುJ &ಾಪಸುJ &ಾಪಸುJ &ಾಪಸುJ 0ೆ+ೆದುೊಳQBವಂ0ೆ 0ೆ+ೆದುೊಳQBವಂ0ೆ 0ೆ+ೆದುೊಳQBವಂ0ೆ 0ೆ+ೆದುೊಳQBವಂ0ೆ ಅ&ಾಚT ಅ&ಾಚT ಅ&ಾಚT ಅ&ಾಚT ಶಬ)ಗAಂದ ಶಬ)ಗAಂದ ಶಬ)ಗAಂದ ಶಬ)ಗAಂದ Uೈದು Uೈದು Uೈದು Uೈದು, 4ೈ6ಕ&ಾ( 4ೈ6ಕ&ಾ( 4ೈ6ಕ&ಾ( 4ೈ6ಕ&ಾ( ಮತು ಮತು ಮತು ಮತು 8ಾನ ಕ&ಾ( 8ಾನ ಕ&ಾ( 8ಾನ ಕ&ಾ( 8ಾನ ಕ&ಾ( 9ರುಕುಳ 9ರುಕುಳ 9ರುಕುಳ 9ರುಕುಳ /ೕ: /ೕ: /ೕ: /ೕ: DಾIಣ DಾIಣ DಾIಣ DಾIಣ Uೆದ*ೆ Uೆದ*ೆ Uೆದ*ೆ Uೆದ*ೆ ?ಾ9 ?ಾ9 ?ಾ9 ?ಾ9 ಅಪರದ ಅಪರದ ಅಪರದ ಅಪರದ ಎಸ(ರು0ಾೆ ಎಸ(ರು0ಾೆ ಎಸ(ರು0ಾೆ ಎಸ(ರು0ಾೆ. ಆದ)*ಂದ ಆದ)*ಂದ ಆದ)*ಂದ ಆದ)*ಂದ ಆೋ! ಆೋ! ಆೋ! ಆೋ! ಎಎಎಎ1 ರವರು ರವರು ರವರು ರವರು ಾ ಾ ಾ ಾ 1 ರವ*+ೆ ರವ*+ೆ ರವ*+ೆ ರವ*+ೆ ಅ&ಾಚT ಅ&ಾಚT ಅ&ಾಚT ಅ&ಾಚT ಶಬ)ಗAಂದ ಶಬ)ಗAಂದ ಶಬ)ಗAಂದ ಶಬ)ಗAಂದ Uೈದು Uೈದು Uೈದು Uೈದು, 4ೈ6ಕ&ಾ( 4ೈ6ಕ&ಾ( 4ೈ6ಕ&ಾ( 4ೈ6ಕ&ಾ( ಮತು ಮತು ಮತು ಮತು 8ಾನ ಕ&ಾ( 8ಾನ ಕ&ಾ( 8ಾನ ಕ&ಾ( 8ಾನ ಕ&ಾ( 9ರುಕುಳ 9ರುಕುಳ 9ರುಕುಳ 9ರುಕುಳ /ೕ: /ೕ: /ೕ: /ೕ: DಾIಣ DಾIಣ DಾIಣ DಾIಣ Uೆದ*ೆ Uೆದ*ೆ Uೆದ*ೆ Uೆದ*ೆ ?ಾ9 ?ಾ9 ?ಾ9 ?ಾ9 ಾ ಾ ಾ ಾ 2 ರವ*+ೆ ರವ*+ೆ ರವ*+ೆ ರವ*+ೆ +ಾಯ +ಾಯ +ಾಯ +ಾಯ 8ಾ:ರುವLದು 8ಾ:ರುವLದು 8ಾ:ರುವLದು 8ಾ:ರುವLದು ತ/Wಾ ತ/Wಾ ತ/Wಾ ತ/Wಾ ಾಲದ ಾಲದ ಾಲದ ಾಲದ ಲಭT&ಾದ ಲಭT&ಾದ ಲಭT&ಾದ ಲಭT&ಾದ ಾYಾZಾರಗAಂದ ಾYಾZಾರಗAಂದ ಾYಾZಾರಗAಂದ ಾYಾZಾರಗAಂದ ಆೋಪ ಆೋಪ ಆೋಪ ಆೋಪ ದೃಢಪ]FರುವLದ*ಂದ ದೃಢಪ]FರುವLದ*ಂದ ದೃಢಪ]FರುವLದ*ಂದ ದೃಢಪ]FರುವLದ*ಂದ ಸದ* ಸದ* ಸದ* ಸದ* ಆೋ! ಆೋ! ಆೋ! ಆೋ! %ರುದ^ %ರುದ^ %ರುದ^ %ರುದ^ ಕಲಂ ಕಲಂ ಕಲಂ ಕಲಂ 498(ಎಎಎಎ),323,504,506 ಐಐಐಐ.!!!!. *ೕ0ಾT *ೕ0ಾT *ೕ0ಾT *ೕ0ಾT ಘನ ಘನ ಘನ ಘನ 1ಾTaಾಲಯೆb 1ಾTaಾಲಯೆb 1ಾTaಾಲಯೆb 1ಾTaಾಲಯೆb 4ೋcಾೋಪCಾ 4ೋcಾೋಪCಾ 4ೋcಾೋಪCಾ 4ೋcಾೋಪCಾ ಪ]Fಯನು# ಪ]Fಯನು# ಪ]Fಯನು# ಪ]Fಯನು# ಸ ರುತ ಸ ರುತ ಸ ರುತ ಸ ರುತ4ೆ4ೆ4ೆ4ೆ.” (Emphasis added) The offences alleged against the petition is punishable under Sections 323, 498A, 504 and 506 of the IPC. The issue lies in a narrow compass. Whether the charge sheet so filed against the petitioner for the alleged offences would attract Sections 323, 498A, 504 and 506 of the IPC. 8. It becomes necessary to quote Section 498A of the IPC. It reads as follows: - 10 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 “Section 498A :- Husband or relative of husband of a woman subjecting her to cruelty :- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purposes of this section, "cruelty means"— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.” A perusal at the complaint or the summary of the charge sheet would nowhere indicate the ingredients of Section 498A of the IPC are made in the case at hand. In that light, further trial if permitted to continue on the aforesaid allegations, it would become an abuse of the process of the law and result in miscarriage of justice. 9. Insofar as the offences under Sections 323, 504 and 506 of the IPC are concerned, all the aforesaid offences in the teeth of allegations and findings in the charge sheet, would need full blown trial for the petitioner to come out clean. There - 11 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 are serious disputed questions of fact which can be thrashed out only in a full blown trial. Therefore, the proceedings before the concerned Court shall proceed against the petitioner in accordance with law, on its merit, only for the offences under Sections 323, 504 and 506 of the IPC. 10. For the aforesaid reasons, the following: O R D E R (i) The criminal petition is allowed in part. (ii) The proceedings in C.C.No.19379/2024, pending before the XXXIX Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, against the petitioner for the offences under Sections 323, 504 and 506 of the IPC shall stand sustained. (iii) The proceedings in C.C.No.19379/2024, pending before the XXXIX Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, against the petitioner for the offence under Section 498A of the IPC, stand quashed. (iv) It is made clear that the observations made in the course of the order are only for the purpose of consideration of the case of petitioner under - 12 - HC-KAR NC: 2025:KHC:21532 CRL.P No. 10001 of 2024 Section 482 of Cr.P.C. and the same shall not bind or influence the proceedings against the petitioner, pending before the trial Court or any other fora. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 25 CT:SS