Just looking at a lady with an evil eye cannot be sufficient constitute an offence under Section 498A of the IPC or other offences alleged the allegations made against accused Nos. 1 and 2 are little serious than the allegations made against this petitioner. When accused Nos. 1 and 2 have already been acquitted by the trial Court, in my opinion the present proceedings against accused No.3 is not maintainable.
Excerpt:The allegation of demand for silver is too vague and it is not her case that there was any such demand either at the time of marriage or in connection with the marriage. As such, said allegation even if accepted on its face value, does not attract any of the provisions of section 4 of the Dowry … Continue reading Mr Srinivasan Ranganathan vs State Of Karnataka
Excerpt: In the absence of specific allegations, though the omnibus statement made creates a suspicion but, not a strong suspicion, in the conduct of accused Nos.3 and 4 but, on such omnibus statement itself the Court cannot come to a conclusion that it is a wilful misconduct which is of such a nature that could be … Continue reading A3 and A4 Discharged on suspicion by Karnataka High court.
Excerpt: A close reading of the Section shows that merely because the accused is charged with offences under Section 3 or Section 4 of the Act, the initial burden which is always on the prosecution to prove basic ingredients of the Sections for bringing home the charges to the accused will not get displaced or dispensed with. Section 8-A will have … Continue reading What exactly is Section 8A of dowry prohibition act
Excerpt: Karnataka High Court H N Paramesh S/O Narayan Shetty vs State By Hassan Pension Mohalla ... on 27 April, 2018 Author: K.Somashekar :1: R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2018 BEFORE THE HON'BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL APPEAL NO. 521 OF 2010 BETWEEN H.N. PARAMESH, … Continue reading H N Paramesh S/O Narayan Shetty vs State By Hassan Pension Mohalla