- 1 - HC-KAR NC: 2025:KHC:48510 CRL.P No. 6919 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6919 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SATHEESH KUMAR H.P, S/O PUTTALINGAIAH AGED ABOUT 41 YEARS R/AT HALE SAMPIGE VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 225. 2. PUTTALINGAIAH S/O LATE NANJAPPA AGED ABOUT 70 YEARS R/AT HALE SAMPIGE VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT -572 225. 3. PUTTAGOWRAMMA S/O LATE PUTTALINGAIAH AGED ABOUT 70 YEARS R/AT HALE SAMPIGE VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 225. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48510 CRL.P No. 6919 of 2024 4. CHAYA W/O PRADEEP AGED ABOUT 37 YEARS R/AT ARALIKERE VILLAGE, KASABA HOBLI, TURUVEKERE TALUK TUMKUR DISTRICT - 572 227. 5. PRADEEP S/O SHIVANANJAIAH AGED ABOUT 40 YEARS R/AT ARALIKERE VILLAGE, KASABA HOBLI, TURUVEKERE TALUK TUMKUR DISTRICT - 572 227. …PETITIONERS (BY SRI. SATHEESH T.V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DANDINASHIVARA POLICE STATION , DANDINASHIVARA, TURVEKERE TALUK REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. SHIVALEELA W/O SATHISH KUMAR H P D/O SURYAKANT SIDDANDOR AGED ABOUT 34 YEARS R/AT NO. 1545/15 BHAVANI NAGAR NEAR MUNIM SANGH KALBURGI (GULBARGA) - 585 104. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. G.S. KISHAN, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:48510 CRL.P No. 6919 of 2024 THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO 1) QUASH CHARGE SHEET FILED BY THE DANDINASHIVARA P.S., AGAINST HIM IN C.C.NO.129/2023 PENDING BEFORE HONBLE CIVIL JUDGE AND JMFC, TURUVEKERE FOR P/U/S 506, 504, 34, 498A, 323, 327, 342 OF IPC AND SEC. 3 AND 4 OF D.P. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner No.1 is aggrieved by the filing of charge sheet against him and petitioner Nos.2 to 5 are aggrieved by the order dated 24.05.2024, wherein the summons are issued to them by the trial Court, pursuant to an application filed under Section 319 of the Cr.P.C. 2. Respondent No.2 herein set the criminal law in motion by lodging a complaint, on the basis of which Crime No.86/2022 was registered at Dandina Shivara Police Station, Tumakuru, against accused Nos.1 to 5 for offence punishable under Sections 498A, 323, 324, 327, - 4 - HC-KAR NC: 2025:KHC:48510 CRL.P No. 6919 of 2024 342, 506 r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. 3. Respondent No.2 is the wife of accused No.1. In her complaint, she has made allegations regarding dowry harassment, physical and mental cruelty meted out to her by the petitioners. However, while filing the charge sheet, the names of petitioner Nos.2 to 5 were dropped, as the investigating officer found insufficient materials against them. The charge sheet was filed only against accused No.1 for the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act, and Sections 504, 506, 498A, 323, 327 and 342 r/w 34 of IPC. 4. During the course of recording of evidence of the complainant, examined as PW-1, since incriminating material appeared even against petitioners Nos.2 to 5, the learned prosecutor filed an application under Section 319 of Cr.P.C to implead them as accused in the case. The order issuing summons is assailed by petitioner Nos.2 to 5 herein. It is relevant to note that insofar as petitioner No.1 - 5 - HC-KAR NC: 2025:KHC:48510 CRL.P No. 6919 of 2024 is concerned, his prayer seeking quashing of the proceedings, has been dismissed by this Court on 29.07.2024. 5. Insofar as summoning petitioner Nos.2 to 5 are concerned, it is vehemently contended by the learned counsel for petitioners that the investigating officer, having found no material against them has rightly dropped them from the charge sheet. He draws the attention of the Court to the further statement of the complainant recorded on 26.10.2022, wherein she has stated that the other accused namely petitioner Nos.2 to 5 herein have not ill-treated her etc. 6. Learned counsel has relied on a judgment reported in (2024) 6 S.C.R.10, in the case of Shankar Vs The State of Uttar Pradesh and others, wherein it is held that degree of satisfaction required to exercise power under Section 319 is much stricter, considering that it is a discretionary and an extraordinary power-Only when - 6 - HC-KAR NC: 2025:KHC:48510 CRL.P No. 6919 of 2024 the evidence is strong and reliable, the power can be exercised. 7. Per contra, learned counsel for respondent No.2 drawing the attention of the Court to the deposition of the PW-1 contended that trial Court has found sufficient evidence to summon petitioner Nos.2 to 5 as there are serious allegations made even against them. He contended, the complainant has denied the statement recorded by the Police on 26.10.2022 and further argued that the statement is recorded at the instance complainant. 8. I have perused the entire material on record. 9. In the FIR, all the petitioners are named as accused. However, while filing charge sheet, the names of accused No.2 to 5 are deleted. Deletion of their names in the charge sheet is obviously on the basis of the further statement of the complainant recorded on 26.10.2022. In the deposition of PW-1, she has categorically stated that she has not given any further statement to the Police. - 7 - HC-KAR NC: 2025:KHC:48510 CRL.P No. 6919 of 2024 Complainant has made several allegations against petitioners No.2 to 3 in her deposition before the Court. Hence, learned public prosecutor has filed an application under Section 319 of Cr.P.C, to arraign them as accused in the case. 10. This Court finds that the trial Court has not committed any error in allowing the application and issuing summons to petitioner Nos.2 to 5. Hence, the order passed by the trial Court does not warrant interference. 11. Petition is dismissed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE ASN List No.: 1 Sl No.: 27