IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7201 OF 2016 BETWEEN:
1. Chetan S/o Prahalad Rao, Aged about 39 years, R/o Humcha Village, Hosanagar Taluk, Shivamogga District-577 436.
2. Devaraja S/o Narayana Shetty, Aged about 33 years, R/o Humcha Village, Hosanagar Taluk, Shivamogga District-577 436 3. H.R. Dayananda S/o Ramajois, Aged about 47 years, R/o Humcha Village, Hosanagar Taluk, Shivamogga District-577 436.
4. Dharanendra S/o Chandrayya, Aged about 51 years, R/o Humcha Village, Hosanagar Taluk, Shivamogga District-577 436 5. Manmatharaja S/o Dharanendra, Aged about 26 years, R/o Humcha Village, Hosanagar Taluk, Shivamogga District-577 436.
6. Gangadhara S/o Gutyappa, Aged about 29 years, R/o Humcha Village, Hosanagar Taluk, Shivamogga District-577 436.
7. Srikantha S/o Nagendra, Aged about 27 years, R/o Humcha Village, Hosanagar Taluk, Shivamogga District-577 436.
8. Venkatesha S/o Chandrappa, Aged about 28 years, R/o Humcha Village, Hosanagar Taluk, Shivamogga District-577 436. …Petitioners (By Sri. Harish Kumar M.S., Advocate) AND:
1. State of Karnataka Represented by Ripponpet Police Station, Ripponpet, Hosanagara Taluk, Shivamogga Taluk-577 426.
2. Shivakumar S/o Shekarappa, Aged about 26 years, R/o Eragnala Village, Honnali Taluk-577 217, Davanagere District. ...Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R-1; R-2 served and unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the proceedings initiated against the petitioners in S.C.No.106/2014 on the file of the V Addl. District and S.J., Shivamogga (sitting at Sagar) for the offence said to have been committed by the petitioners U/S. 427, 341, 143, 144, 147, 148, 149, 307, 323, 324 and 342 of IPC.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER Heard learned counsel for petitioners and learned Additional State Public Prosecutor for respondent No.1. Respondent No.2 is served and unrepresented.
2. The petition is filed seeking to quash the charge sheet laid against the petitioners for the offences punishable under Sections 427, 341, 143, 144, 147, 148, 307, 323, 324, 342 R/W Sec. 149 of Indian Penal Code.
3. Based on the complaint lodged by respondent No.2, a case was registered in crime No.162/2013 for the above offences on the allegations that while the complainant and CWs.2 and 3 were transporting cattle in their TATA Ace vehicle bearing registration No.KA-17-B-5925, the said vehicle was stopped by the Police, petitioners herein formed an unlawful assembly and broke the headlight mirror and deflated the tyres. Thereafter, the complainant/CW.1, CWs.2 and 3 were tied to a high beam electric pole and accused No.1 assaulted CW.1 on his right thigh and squeezed his neck, accused No.4 assaulted on the private part of compalianant/CW.1, accused No.2 assaulted CW.2 with stick on his stomach, accused No.5 assaulted CW.2 on his chest, accused No.7 assaulted CW.2 with a stone on his head, accused No.3 assaulted CW.3 on his ribs, accused No.6 squeezed the neck of CW.3 and accused No.8 assaulted CW.3 on his left shoulder.
4. Learned counsel for the petitioners submits that the petitioners herein have been falsely implicated in the alleged offence much before the alleged incident, the Head Constable of Ripponpet Police Station had lodged a complaint in Crime No.161/2013. The said complaint was registered at 9.00 p.m., which discloses that CWs.1 to 3 were lawfully taken into custody and these circumstances indicate that at the instance of Police Inspector, petitioners have been falsely framed in this case.
5. Learned Additional State Public Prosecutor however argued in support of the impugned charges contending that the material produced by the Investigating Agency clearly make out the ingredients of the above offences and therefore, there is no reason to quash the proceedings.
6. A perusal of the records indicate that a complaint was filed by the Head Constable of Ripponpet Police Station in Crime No.161/2013, wherein it is stated that CWs.1 to 3 were apprehended while transporting the cattle without any permission. The allegations made in the charge sheet is that during the occurrence, petitioners herein formed into an unlawful assembly and committed the above acts. The contents of the complaint and the material produced along with the charge sheet prima facie point the involvement of the petitioners in the alleged offence. The injured and the eye witnesses have identified the petitioners and spoken about the overt acts. The wound certificate and IMV report indicates that during the occurrence, CWs.1 to 3 had sustained injuries and the vehicle had also sustained damages.
7. Under the said circumstances, the contention of learned counsel for the petitioners that petitioners have been prosecuted without any basis and the material on record do not make out ingredients of the offences against the petitioners cannot be accepted at this stage. Though the learned counsel for petitioner contends that the material on record does not make out the ingredients of the offence under Section 307 of Indian Penal Code, yet having come to the conclusion that this is not a fit case to quash the proceedings, I find it appropriate to reserve liberty to the petitioners to canvass the said plea before the trial Court at the time of Hearing before charge.
Reserving liberty to the petitioners as above, the petition is dismissed.
Sd/- JUDGE BMC