PANKAJ SULTANIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. The learned HCGP has also assisted by Sri.Mahesh, advocate for the complainant.

(2.) I have carefully perused the charge sheet papers. This is very unfortunate situation occurred in the family of the petitioner due to the difference between him and his wife with reference to the allegations of the illicit intimacy of his wife with some other persons.

(3.) The brief factual background of the case is that on 26.11.2007, the petitioner married deceased by name Jyothi who is the elder sister of the complainant. The petitioner and the deceased blessed with a girl baby who was aged about seven years on the date of the incident. In the year 2012, the petitioner and his wife were residing in their own flat called Elita Apartments. It is alleged that since five to six years prior to the incident, the husband and wife having some differences and the petitioner suspected the fidelity and conduct of his wife. In this context, it is alleged that the matter was ended with climax i.e., on 04.08.2019, the husband came to know about the illicit intimacy between his wife and one Mr.Rohith who is the resident of same apartment as well as husband of one Sophia. The Sophia is the wife of Mr.Rohith and she has sent screen shot of messages sent by deceased to her husband to the mobile phone of the petitioner and the messages creates doubt that the deceased was having illicit relationship with Rohith.