IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NOS.43013-14 OF 2017(GM-RES) BETWEEN:
B HANUMANTHARAYA AGED ABOUT 45 YEARS S/O. LATE. BHEEMA NAYAKA, R/AT BALENAHALLI VILLAGE, HALENAHALLI POST, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DIST 572 125 ... PETITIONER (BY SRI: D.ASWATHAPPA, ADVOCATE A/W SRI: SHASHIDHAR BELAGUMBA, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, SIRA TOWN POLICE, SIRA TALUK, TUMKUR DIST PIN-572125 2. THE THASILDAR SIRA TALUK, TALUK OFFICES COMPOUND, TUMKUR DIST 572125 ... RESPONDENTS (By Sri.VIJAYAKUMAR MAJAGE – ADDL. SPP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA R/W.SECTION 482 OF CR.P.C. PRAYING TO CALL FOR RECORDS IN CRIME NO.347/2017 OF SIRA TOWN POLICE STATION AND TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.347/2017 OF SIRA TOWN POLICE STATION, PENDING ON THE FILE OF THE PRL.CIVIL JUDGE & JMFC SIRA AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioner and learned Additional SPP for respondents.
2. After hearing the learned counsel for the petitioner, I am of the view that the relief claimed by the petitioner is misconceived and premature. The petitioner is not shown as accused in Cr.No.347/2017. Petitioner claims to be the owner in possession of the properties comprised in S.Nos.267/1 and 267/2 of Dodda Agrahara Village, Bukkapatna Hobli, Sira Taluk. According to petitioner the said properties were acquired by his ancestors in a public auction in 1937. But, no case having been registered against the petitioner, the investigation in Crime No.347/2017 cannot be stalled at the instance of the petitioner. In order to allay the apprehension of the petitioner that he is likely to be arrested by the police on the pretext of investigation, the investigating officer is directed not to take any coercive steps against the petitioner. Further, liberty is reserved to the petitioner to challenge any adverse report submitted by the police and to take appropriate remedy in the event of any forcible dispossession.
With these directions, petitions are disposed of.
Sd/- JUDGE rs