Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:5046 CRL.P No. 10895 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10895 OF 2024 (482(Cr.PC) / 528(BNSS))
BETWEEN:
ABHISHEK K S/O. LATE KAMAL KISHOR, AGED ABOUT 35 YEARS, RESIDING AT NO. 403, PEARLS PARADISE APARTMENT, BASAVA SAMATHI EXTENSION, THINDLU, VIDYARANYAPURA, BENGALURU - 560097. …PETITIONER (BY M/S. GUHA ASSOCIATES AND SRI. P.PRASAD, ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA VIDYRANYAPURA POLICE STATION, BY VIDYARANYAPURA REPRESENTED BY ITS SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560001.
2.
SMT. SANGEETHA W/O. ABHISHEK K, AGED ABOUT 29 YEARS, RESIDING AT NO. 660, BELAVATHA, R.B.I POST, MYSURU – 570003. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO, DIRECT IN CC NO.24470/2022, IS PENDING IN THE COURT OF THE 7TH ADDL. METROPOLITAN MAGISTRATE, BENGALURU, FOR SPEEDY DISPOSAL OF THE CASE AGAINST THE PETITIONER, FOR ALLEGED OFFENCE P/U/S 498(A), 323 AND 504 R/W 34 OF IPC, AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT, 2005, REGISTERED BY THE VIDYARANYAPURA POLICE STATION, BANGALORE.
B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 11:09:33 +0530
- 2 -
NC: 2025:KHC:5046 CRL.P No. 10895 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The learned High Court Government Pleader is
directed to take notice for respondent No.1 – State.
2. The petitioner/accused is facing prosecution for offences punishable under Sections 498A, 323, and 504 read with Section 34 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 2005, and has approached this Court seeking relief.
3. This Court has already quashed the impugned proceedings insofar as they relate to petitioner/accused Nos. 2 and
3. The grievance of petitioner/accused No.1 is that, despite issuance of notices to the complainant and other charge-sheet witnesses, the trial has not commenced due to the non-appearance of the complainant. As a result, the pendency of criminal proceedings has adversely affected the petitioner’s right to fair trial.
4. Considering the above, it is expedient to direct the 7th Additional Chief Metropolitan Magistrate, Bengaluru, to dispose of C.C. No. 24470/2022 within a period of six months from the next date of hearing, subject to petitioner/accused No.1 cooperating with the trial.
- 3 -
NC: 2025:KHC:5046 CRL.P No. 10895 of 2024
5. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 19 Sl No.: 10