IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7177 OF 2017 (GM CPC) BETWEEN:
Devegowda @ Devaraju Aged about 43 years S/o Gangabyrappa, R/at No.813, 7th Cross, Muneshwaranagara Behind Video Factory, Nagasandra Post, Bengaluru-560 073.
(By Sri. Mohan Kumra D, Advocate) AND:
1. State of Karnataka, By Peenya Police Represented by SPP, High Court of Karnataka, Bengaluru-560 001.
2. Sri. M.M.Devaraja, Aged about 37 years, S/o Late Mariyappa, R/at Thimmaiah Building, 2nd Cross, Chikkabidarakallu, Nagasandra Post, Bengaluru-560 073. (By Sri.S. Rachaiah, HCGP) ….Petitioner …Respondents This Criminal petition is filed under Section 482 of Cr.P.C., praying to quash the entire proceedings in S.C.No.1119/2015, pending before the Hon’ble Principal City Civil and Sessions Judge at Bengaluru filed by the peenya police for the alleged offences punishable under Sections 306 read with 34 of IPC.
This petition coming on for Admission, this day, the Court made the following:
ORDER On 04.01.2015 second respondent herein lodged a complaint before first respondent alleging his brother-in- law by name Harsha had borrowed money from financiers namely Devarju, Dasarahalli Baddi Naga, petitioner herein (accused No.4) and they were demanding 40% interest. Due to financial difficulty his brother-in-law had borrowed the loan in order to meet the expenses of the marriage of his daughter and as such he was unable to repay the loan. It was further alleged that on more than two occasion petitioner and other accused persons had threatened his brother-in-law, of consequences that would follow due to non payment of interest on time. He has further stated that on account of his brother-in-law not being able to withstand the torture made by the accused-persons had committed suicide by hanging. Hence, FIR came to be registered in Crime No.0010/2015 and after completion of investigation; charge sheet has been filed in C.C.No.16790/2015 against the accused- petitioner for the offence punishable under Section 306 read with Section 34 of IPC. It came to be committed to the jurisdictional Sessions Court upon which it has been re-numbered as S.C.No.119/2015.
2. Petitioner-accused No.4 is before this Court for quashing of said proceedings contending inter alia that wife of deceased PW-2 has admitted in her cross examination that she was not aware from whom her husband had borrowed loan. It is also contended that allegations made in the suicide note are vague and improbable and offence under Section 107 of IPC is not made out. Hence, it is contended that this Court would be justified in quashing the proceedings. Hence, petitioner prays for allowing the petition by quashing of the proceedings.
3. Per contra, learned High Court Government Pleader Sri. S. Rachaiah, would support the case of prosecution not only by relying upon death note left behind by the deceased but also evidence of PW-1 who has reiterated the allegations made in the complaint.
Material contradictions and omissions in the deposition of the witness per se by itself would not be a ground to quash the proceedings. This Court would not exercise power vested under Section 482 of CPC to interject the trial and quash the proceedings pending against accused, until and unless there is no material on record to establish the guilt of the accused. In the alternate if charge sheet material were to remain unrebutted would not lead to conviction of the accused, then under such circumstances this Court would definitely exercise power vested under Section 482 of Cr.P.C. to quash the proceedings. However, in the instance case, PW1 in the complaint has clearly stated in the deposition about the threat given by the accused-petitioner. In that view of the matter, I do not find any good ground to entertain this petition.
Hence, petition stands rejected.
SD/- JUDGE ag