- 1 - HC-KAR NC: 2026:KHC:12965 CRL.P No. 4991 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO.4991 OF 2018 BETWEEN: SRI. DANTY YERRA S/O LATE HARRY YERRA AGED 33 YEARS RESIDING AT NO.10/A ASHIRVAD NIVAS, 2ND FLOOR NAGAMMA TEMPLE STREET CHIKKALAPPA LAYOUT KASTURI NAGAR BANGALORE …PETITIONER (BY SRI AKASH B. SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY S.H.O. RAMAMURTHY NAGAR POLICE STATION BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA VIDHANA SOUDHA BANGALORE 2. SMT. SONIKA SINGH YERRA W/O DANTY YERRA AGED 30 YEARS PLASA NO.10/A, 2ND FLOOR NAGAMMA TEMPLE STREET CHAKKALAPPA LAYOUT KASTURI NAGARA Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12965 CRL.P No. 4991 of 2018 BANASAVADI, BANGALORE PRESENT D NO.14/18 CIVIL LINES, KANAPURA UTTAR PRADESH STATE P.C-208 001 …RESPONDENTS (BY SRI HARISH GANAPATHI, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; RESPONDENT NO.2 IS SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND FURTHER INVESTIGATION IN C.C.NO.51150/2018, (CRIME NO.453/2016 OF RAMA MURTHY NAGAR POLICE STATION, BANGALORE, PENDING ON THE FILE OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE, FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A OF IPC. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has called in question the charge sheet filed against him in C.C. No.51150/2018 (arising out of Crime No.453/2016 registered by the respondent No.1 - Police) pending on the file of the X Additional Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru, for the offence punishable under Section 498A of the Indian Penal Code, 1860 (for short, 'IPC'). - 3 - HC-KAR NC: 2026:KHC:12965 CRL.P No. 4991 of 2018 2. The petitioner is the husband of the respondent No.2. Due to certain differences between them, the respondent No.2 informed the respondent No.1 on 21.07.2016 that the petitioner and his mother were demanding money to purchase a house. She alleged that when her mother tried to convince the petitioner and his mother, they abused her and her mother. Later, the respondent No.2 was forced to seek Police assistance and then the Police arrived at the scene and summoned all of them to the Station. On the same day, after they returned back from the police station, the petitioner's mother and his brother- in-law/Mr. Jomy Jose beat up the respondent No.2. Later, the respondent No.2 was thrown out of the matrimonial home on 19.07.2016. at 10.30 p.m. 3. Based on the above complaint, the respondent No.1 registered Crime No.453/2016 for the offences punishable under Sections 498A, 323, 504 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 against the petitioner, his mother and brother-in-law. After investigation, the charge sheet was filed against the petitioner for the offence punishable under Section 498A of the IPC. However, the names of the mother and brother-in-law of the petitioner were - 4 - HC-KAR NC: 2026:KHC:12965 CRL.P No. 4991 of 2018 dropped from the charge sheet. Being aggrieved by the said charge sheet filed against him, the petitioner is before this Court. 4. The learned counsel for the petitioner submitted that the respondent No.1 - Police without counselling the parties as directed by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar and Another [AIR 2014 SC 2756] has straightaway registered an F.I.R. He also contends that the averments made in the complaint if read as a whole, are not sufficient to attract an offence under Section 498 of IPC. 5. The learned High Court Government Pleader appearing for respondent No.1 submitted that a perusal of the complaint shows that the respondent No.2 was harassed for dowry by the petitioner and his mother that she was thrown out of the matrimonial home on 19.07.2016. He also contends that the respondent No.2 lodged a complaint on 21.07.2016, which was investigated and a charge sheet was filed against the petitioner for an offence punishable under Section 498A of IPC. - 5 - HC-KAR NC: 2026:KHC:12965 CRL.P No. 4991 of 2018 6. I have considered the submissions of the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1. The respondent No. 2 though served with notice, has not entered appearance before this Court. 7. The respondent No.2 alleged that the petitioner and his mother demanded dowry from her to purchase a house and when the respondent No.2 refused, the petitioner and his mother ganged up and assaulted the respondent No.2 and abused her mother. It is also alleged that the respondent No.2 was thrown out of the matrimonial home on 19.07.2016. The respondent No.2 is an educated lady. She has not disclosed as to what prevented her from filing a complaint before the respondent No.1 - Police on 19.07.2016 or from lodging a complaint immediately thereafter or at least the next day. However, the complaint was lodged on 21.07.2016 and there is no reason forthcoming for the delay in lodging the complaint. The accusations made in the complaint also do not constitute an offence under Section 498A of IPC, as there is no serious threat to life or limb of the respondent No.2. In that view of the matter, this Court is of the opinion that an offence under - 6 - HC-KAR NC: 2026:KHC:12965 CRL.P No. 4991 of 2018 Section 498A of IPC was not made out, and hence the registration of an FIR against the petitioner was wholly unwarranted. Accordingly, this petition is allowed and charge sheet filed against the petitioner in C.C. No.51150/2018 (arising out of Crime No.453/2016 registered by the respondent No.1 - Police) pending on the file of the X Additional Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru, for the offence punishable under Section 498A of the Indian Penal Code, 1860 is quashed. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 10