Another beautiful judgment from High Court of Karnataka in this revision petition on Discharge dismissal.
From Para 10,
Savitri WO Maruti Nayak Vs The State Of Karnataka on 11 April, 2017
I have perused the said statements dated 10.07.2011, namely Sangondeppa Siddappa Hulagabal, the statement Sangondeppa Ningondeppa Lesappagol, Shrishail Basappa Gundagi, Kallappa Beerappa Dafedar, Mallappa Mahadev Baligar, Tammanna Beerappa Jakkannavar and Ningappa Siddappa Layannavar. Looking to all these statement of said witnesses, they are all dated 10.07.2011. Looking to the statement of these witnesses wherein they have stated that it is alleged before them by the complainant and her father that accused Nos.1 to 3 i.e. the husband of the complainant, her father-in-law and her mother-in-law were giving ill-treatment and harassment to her. So in the statement of all these witnesses absolutely there is no reference so far as the present petitioners- accused Nos.4 and 5 stating that they also giving such ill- treatment. The statement of these witnesses completely silent about the involvement of petitioners-accused Nos.4 and 5. Therefore, looking to the statement of these witnesses it clearly goes to show that absolutely there is no allegation and even there is no statement of such witnesses that they were informed by either complainant or her father about the ill-treatment given by the present petitioners herein. When i.e. so it assumes importance whether really the prosecution placed prima facie material so far as the petitioners-accused Nos.4 and 5. Looking to the decisions relied upon by learned counsel appearing for the petitioners which are referred above at Sl.Nos.1 to 4 principles laid down in the said decisions also goes to show that the proceedings against the accused person should not be as an abuse of process of the Court or by making false allegations. But here, it is do doubt true as contended by the learned counsel for the respondent-complainant that in the beginning of the complaint there are some allegation even against petitioners-accused Nos.4 and 5, but the same is not corroborated by the statement of independent witnesses about whose statements I have made the reference. Therefore, reading the entire charge sheet material and the principles in the decisions relied upon by the learned counsel for the petitioners, it goes to show that there is no prima facie material so far as the petitioners-accused Nos.4 and 5 are concerned. The trial court while considering the application seeking discharge from the proceedings ought to have considered these aspects, which is not done by the trial court. The trial court wrongly comes to the conclusion that even there is prima facie case as against petitioners-accused Nos.4 and 5. Therefore, the order passed by the court below suffers from legal infirmity. Therefore, it will not sustain in law.