IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.3384/2017 BETWEEN:
ANANDA R S/O RAMESH K AGED ABOUT 27 YEARS R/AT NO.84, 1ST MAIN II CROSS, KAVERI NAGARA KATRIGUPPE MAIN ROAD BSK 3RD STAGE BENGALURU-560 085.
... PETITIONER (BY SRI.B.V. MALLA REDDY, ADVOCATE) AND:
1. STATE OF KARNATAKA GIRINAGAR POLICE STATION BENGALURU-560 085 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU.
2. MALAI KUMAR S/O KANNELAL AGED ABOUT 33 YEARS R/AT NO.93/B, 2ND FLOOR 4TH CROSS, TG LAYOUT ITTAMADU, BANGALORE-560 085.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.232/2016 PENDING ON THE FILE OF 24TH ACMM, BENGALURU CITY, IN RESPECT OF THE PETITIONER (ACCUSED NO.7) FOR THE OFFENCES P/U/S 2(A) OF THE KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981 AND ALSO U/S 143, 146, 147, 144, 148, 438, 149 OF IPC BY ALLOWING THE ABOVE PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for Admission, by the consent of learned Advocates appearing for parties it is taken up for final disposal. Since no allegation of complicity on the part of petitioner having been made in the complaint, notice to second respondent stands dispensed with 2. Heard Sri.B.V.Malla Reddy, learned Advocate appearing for petitioner and Sri.S.Chandrashekhariah, learned HCGP appearing for first respondent-State. Perused the case papers.
3. Petitioner has been arraigned as accused No.7 in Crime No.232/2016 after having arrested the petitioner on 24.09.2016. As could be seen from the allegations made in the complaint lodged by second respondent on 13.09.2016 it is alleged about 15 to 20 unknown persons had come to his office on 12.09.2016 and have damaged tipper lorries standing in front of his office at Hoskerehalli, Ittamadu and had set fire to the cabin of tipper lorries bearing registration Nos.TN-01 AC 8788, TN-01 AQ 6283 AND TN-01 AQ 1522 and caused loss to the tune of `2,00,000/- and as such, he requested for suitable action being taken against unidentified persons who indulged in such acts. There is no material available on record to establish the complicity of petitioner even according to the allegation made in the complaint. FIR in Crime No.232/2016 has been registered against 15 to 20 unknown persons for the offence punishable under Section 2(A) of Karnataka Prevention of Destruction of Property Act, 1981 and also under Sections 143, 146, 147, 144, 148, 438, 149 of IPC. As could be seen from the allegation made in the complaint itself incident in question is relating to Cauvery water dispute riots which occurred in Bangalore on 12.09.2018 at different places of city. There being no iota of material to establish either complicity of the petitioner in the said riots, which took place on 12.09.2016 or about any overt-act alleged to have been committed by the petitioner, yet the jurisdictional police have arrested the petitioner and implicated him as accused No.7.
4. As held by the Hon’ble Apex Court in the case of STATE OF HARYANA AND OTHERS vs. BHAJAN LAL AND OTHERS reported in (1992) SUPP.
(1) SCC 335 on the basis of omnibus statement prosecution has been launched and even if the allegations made in the complaint were to remain uncontroverted, it would not lead to conviction of accused. In that view of the matter, this Court is of the considered view that continuation of proceedings against petitioner would not only be an exercise in futility, but would also be waste of precious judicious time.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings registered against petitioner (accused No.7) by Girinagar Police Station in Crime No.232/2016 pending on the file of 24th Addl. Chief Metropolitan Magistrate, Bangalore, for the offences punishable under Section 2(A) of Karnataka Prevention of Destruction of Property Act, 1981 and also under Sections 143, 146, 147, 144, 148, 438, 149 of IPC, is hereby quashed.
(iii) Petitioner is acquitted of the said offences.
In view of petition having been allowed, I.A.No.1/2018 for stay does not survive for consideration and it stands rejected.
SD/- JUDGE DR/RU