RAMCHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioner's counsel and also the learned HCGP for the respondent.

(2.) The factual matrix of the case is that the police have registered a case based on the complaint filed by one Smt.Gouramma in crime No.183/2016 for the offences punishable under Sections 354(D), 506, 34, 504, 307 and 420 of IPC. The allegation made in the complaint is that on 09.12.2016 at about 3.15 p.m. the accused came along with his wife into the house of complainant and started abusing her in filthy language with dire consequences saying to eliminate her to gain the house property. It if further alleged that the accused persons used a cotton pillow and tried to kill her by pressing the same on her face and further alleged that when she started hue and cry, the persons who heard the hue and cry came into the house along with her son-in-law and thereafter the accused fled from the house.

(3.) The police after the investigation have filed charge sheet only for the offences punishable under Sections 504 and 506 of IPC and given up other offences under Sections 354(D), 307 and 420 read with Section 34 of IPC. The complainant has been examined before the Court below as PW.1 and further examination has been deferred at the request and in the meanwhile the prosecution has filed an application under Section 323 of Cr.P.C. requesting the Court for committal of the case to the Sessions Court as the accused has committed an offence under Section 307 of IPC. The Court below by giving an opportunity to file objection to the application, heard the application and allowed the application under Section 323 of Cr.P.C. Being aggrieved by the order impugned, the petitioner has filed this petition invoking Section 482 of Cr.P.C.