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2025 DAILYLAW 46380 (KAR)

SHRI. CHANDRAMOULI v. STATE OF KARNATAKA

CRL.P/5111/2024 · 2025-02-21

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:7986 CRL.P No. 5111 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5111 OF 2024 BETWEEN: SHRI. CHANDRAMOULI, S/O LATE A SRINIVASA RAO, AGED ABOUT 60 YEARS, NO.1431, NEAR KESHAWASWAMI TEMPLE FORT STREET, VIJAYAPUR, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 135. …PETITIONER (BY SRI. MADHUSUDHAN J., ADVOCATE) AND: 1. STATE OF KARNATAKA BY VARTHUR P.S., REPRESENTED BY HCBP HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. GURUPRASAD R. S/O K. RAGHAVENDRA RAO, AGED ABOUT 32 YEARS, RESIDING AT NO.134, NEAR S R S, VIDYALAYA TUBARAHALLI, BENGALURU - 560 066. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7986 CRL.P No. 5111 of 2024 3. MR. K. RAGHAVENDRA RAO, S/O K GOPAL RAO, AGED ABOUT 73 YEARS RESIDING AT NO.134, NEAR S R S, VIDYALAYA TUBARAHALLI, BENGALURU - 560 066. 4. SMT. SUDHA RAO, W/O K RAGHAVENDRA RAO, AGED ABOUT 67 YEARS, RESIDING AT NO.134, NEAR S R S, VIDYALAYA TUBARAHALLI, BENGALURU - 560 066. 5. MR. PRAMOD R S/O K RAGHAVENDRA RAO AGED ABOUT 32 YEARS RESIDING AT NO.134, NEAR S R S, VIDYALAYA TUBARAHALLI, BENGALURU - 560 066. …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1; VIDE ORDER DATED 31.01.2025, NOTICE TO R2 TO R5 IS DISPENSED WITH AT THE RISK OF THE PETITIONER) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO 1) DIRECT THE INVESTIGATION OFFICER TO REINVESTIGATE THE ENTIRE MATTER IN C.C.NO.4169/2023 ARISING OUT OF FIR NO.0017/2023 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL IN BENGALURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:7986 CRL.P No. 5111 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "i) Direct the Investigation Officer to reinvestigate the entire matter in C.C. 4169 of 2023 arising out of FIR No. 0017/2023 on the file of Chief Judicial Magistrate Bengaluru Rural in Bengaluru. ii) Direct the Investigation Officer to file a fresh charge sheet pursuant to the reinvestigation so directed. iii) Grant other and such other reilef/s as may be deemed fit and appropriate in the facts and circumstances of the case and in the interest of justice and law." 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record would indicate that the petitioner is the father of one Smt. Madhuri who was married to respondent No.2 - Guruprasad R. The aforesaid Smt. Madhuri was hospitalized and expired on 26.01.2023, pursuant to which, an FIR in Crime No.17/2023 was registered against respondent Nos.2 to 5, in relation to which, the charge sheet was filed by respondent No.1 - Police Authorities for offences punishable under Sections 498A read with Section 34 of the IPC and under Section 4 of the Dowry Prohibition Act, 1961. - 4 - NC: 2025:KHC:7986 CRL.P No. 5111 of 2024 4. It is the grievance of the petitioner that though respondent Nos.2 to 5 - accused persons are guilty of offence punishable under Section 306 of the IPC for abetment to suicide said to have been committed by the aforesaid Smt. Madhuri, respondent No.1 - Police Authorities have not conducted the investigation properly and the charge sheet invoking Section 306 of the IPC has not been filed by them, as such, the petitioner is before this Court seeking direction for further investigation in the matter. 5. Per contra, the learned HCGP appearing for respondent No.1 submits that if this Court directs that respondent No.1 would conduct further investigation and file a supplementary charge sheet, in accordance with law, subject to the condition that the petitioner provides additional / fresh material in this regard to respondent No.1. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing respondent No.1 - Police Authorities to conduct further investigation upon the petitioner furnishing additional / fresh material to respondent No.1 and file a final additional charge sheet, - 5 - NC: 2025:KHC:7986 CRL.P No. 5111 of 2024 if any, in accordance with law, within a period of two months from the date on which the petitioner provides such additional / fresh material to respondent No.1. 7. 7. In addition to, the material is furnished by the petitioner, respondent No.1 - Police Authorities would also be entitled to conduct further investigation and procure additional material from any other source for the purpose of filing additional / supplementary charge sheet, in accordance with law. With the aforesaid observations, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 2 Sl No.: 28 CT: BHK