Case Note & Summary
The petitioner, Devendra Bhatia, father of the de-facto complainant and husband of the deceased, filed a writ petition under Articles 226/227 of the Constitution read with Section 482 Cr.P.C. seeking quashing of proceedings in S.C.No.715/2019 (arising from Crime No.251/2018) before the XLV Additional City Civil and Sessions Judge, Bengaluru, for offences under Sections 498A and 302 IPC. The case concerned the death of the petitioner's wife, Kiran Bhatia, on 26 August 2018, when she fell from the 16th floor balcony of their apartment in Bengaluru. The couple married in 1995 and had two children, both in their twenties at the time. After the incident, an unnatural death report under Section 174 Cr.P.C. was registered, and the body was sent for postmortem. The petitioner, his son (the de-facto complainant) and daughter, along with relatives, conducted final rites in Rajasthan. Upon returning 14 days later, on 11 September 2018, the son filed a complaint accusing the petitioner of habitual cruelty and of causing the fall, alleging that his father had threatened his mother and that an altercation preceded the fall. The FIR was initially registered under Section 306 IPC and later converted to include Section 302 IPC. After investigation, a charge sheet was filed under Sections 498A and 302 IPC. The petitioner's discharge application was rejected by the trial court on 5 August 2023, leading to the present petition. The petitioner challenged the proceedings on grounds including the illegality of the transfer of investigation by the Commissioner of Police without court order under Section 36 Cr.P.C., the inherent improbability of the allegations, the delay in lodging the complaint, the absence of independent witnesses, and the fact that the initial police proceedings treated the death as accidental. The respondents argued that the transfer of investigation was valid as both police stations lay within the same division, that the statements of both the son and daughter under Section 164 Cr.P.C. corroborated the allegations, and that the matter required trial. The court, after hearing arguments, reserved judgment on 3 March 2025 and pronounced its order on 7 March 2025. The available text includes the narration of facts, submissions, and the initial analysis of the court but does not contain the final reasoning and direction.
Issue of Consideration
1. Whether the transfer of the investigation from RMC Yard Police Station to Bagalgunte Police Station by the Commissioner of Police was in compliance with Section 36 of the Cr.P.C.? 2. Whether the allegations and evidence in the charge sheet prima facie establish offences under Sections 498A and 302 of the IPC, and whether the proceedings are liable to be quashed under Section 482 Cr.P.C. or Articles 226/227 of the Constitution?
Law Points
- scope of section 482 cr.p.c.
- transfer of investigation under section 36 cr.p.c.
- evaluation of evidence at discharge stage
- delay in filing complaint
- credibility of interested witnesses
- requirement of independent corroboration
- abuse of process of law
Case Details
2025 LawText (KAR) (03) 3
Writ Petition No.19567 of 2023 (GM - RES)
For Petitioner: Sri Hashmath Pasha, Sr. Advocate for Sri Mahammadali; For Respondents 1-3: Sri B.N. Jagadeesha, Addl. SPP; For Respondent 4: Sri Manu P. Kulkarni
State of Karnataka, Police Inspector Bagalgunte Police Station, Deputy Commissioner of Police North (Crime), Mr. Harshal Bhatia
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition under Articles 226/227 of Constitution and Section 482 Cr.P.C. for quashing of Sessions trial proceedings.
Remedy Sought
Petitioner (accused) sought quashing of entire proceedings in S.C.No.715/2019 pending before the XLV Addl. City Civil and Sessions Judge, Bengaluru, arising from Crime No.251/2018 of RMC Yard Police Station, for offences under Sections 498A and 302 IPC.
Filing Reason
The petitioner alleged that the complaint by his son was belated, made after 14 days of the incident, tutored by relatives, and based on improbable allegations of the father pushing the mother from the 16th floor balcony; no independent witnesses supported the case; and the transfer of investigation was illegal.
Previous Decisions
The trial court rejected the petitioner's application for discharge on 05.08.2023.
Issues
Whether the transfer of investigation from RMC Yard Police Station to Bagalgunte Police Station by the Commissioner of Police was valid under Section 36 of the Cr.P.C.?
Whether the allegations in the complaint and evidence in the charge sheet make out prima facie offences under Sections 498A and 302 IPC, or whether the proceedings are an abuse of process of law liable to be quashed?
Submissions/Arguments
Petitioner argued that the transfer of investigation by the Commissioner of Police was without jurisdiction and contrary to Section 36 Cr.P.C., which requires an order of the court; the complaint was filed after 14 days with ulterior motives; the initial unnatural death report and statements recorded did not implicate him; the allegations of the son and daughter were improbable, inconsistent, and tutored by relatives to wreak vengeance; and no independent evidence supported the charge.
Respondents contended that the transfer was permissible as both police stations lay within the same division; the delay was explained by the family being in mourning and performing rituals; the statements of the son and daughter under Section 164 Cr.P.C. were consistent and constituted cogent evidence of cruelty and the manner of death; the matter should proceed to trial as there was sufficient material to frame charges.
Judgment Excerpts
The link in the chain of events require reiteration date wise. The petitioner and the mother, now deceased get married on 08-05-1995. They live for 23 years together. From the wedlock, two children are born. At the relevant point in time, the children were beyond 20 years old. On an ill-starred afternoon of 26-08-2018, the mother allegedly falls from 16th floor of the apartment and succumbs to the cruel hand of destiny. An unnatural death report under Section 174 of the Cr.P.C., on a tempest of enquiry is rendered. On the next day, the inquest report is prepared and statements of the father of the complainant and other relatives are taken. The statement of the daughter is also recorded on 27-08-2018. The daughter is said to be away from the house when the alleged incident happened. It is a matter of record that all the family members travelled to Rajasthan and come back after 14 days. On coming back, the complaint comes to be registered by the son of the petitioner.
On that afternoon I was reading a book in my room when i heard my parents fighting. This was a routine occurrence. After a while of fighting, I heard my dad shouting 'Main tujhe jaan se maar dunga! Teri itni himmat ki tune mujhpe haath uthaya?' ... I saw my dad standing in the balcony and my mom was nowhere to be seen. I asked my dad where mom is. He joined his hands and begged 'Maine kuch nahi kiya! Maine kuch nahi kiya! Maine kuch nahi kiya!'
Procedural History
Marriage between petitioner and Kiran Bhatia on 08-05-1995; two children born. On 26-08-2018, Kiran Bhatia fell from 16th floor apartment and died; UDR No.31/2018 registered under Section 174 Cr.P.C. On 27-08-2018, inquest panchanama conducted and statements recorded. Family traveled to Rajasthan for last rites and returned after 14 days. On 11-09-2018, son Harshal Bhatia filed a complaint alleging cruelty and that father caused mother's death; FIR in Crime No.251/2018 registered initially under Section 306 IPC. Investigation transferred from RMC Yard Police Station to Bagalgunte Police Station. Later, Section 302 IPC added. Final report/charge sheet filed under Sections 498A and 302 IPC. Cognizance taken in C.C.No.3751/2019; case committed to Sessions Court as S.C.No.715/2019. Petitioner filed discharge application; rejected on 05-08-2023. Petitioner then filed the present writ petition.
Acts & Sections
- Indian Penal Code, 1860: 498A, 302, 306
- Code of Criminal Procedure, 1973: 174, 36, 482
- Constitution of India: 226, 227
