IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6875 OF 2014 BETWEEN:
1. DR. H.L. MAHENDRA S/O H.M.LINGAMARIYAPPA, AGED ABOUT 59 YEARS, R/O NO.240, 5TH B CROSS, GANDHI NAGAR, SHIMOGA-577201.
2. SMT.VIJAYA LAKSHMI W/O H.L.MAHENDRA, AGED ABOUT 51 YEARS, R/O NO.240, 5TH B CROSS, GANDHI NAGAR, SHIMOGA-577201. ... PETITIONERS (BY SRI: H.MUNISWAMY GOWDA, ADVOCATE FOR SRI: B.A.BELLIAPPA, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY POLICE SUB-INSPECTOR, JAYANAGAR POLICE STATION, SHIMOGA DISTRICT-577201.
R/P BY ITS S.P.P.
HIGH COURT BUILDING, BANGALORE-01.
2. M.V.VEDAMURTHY I.A.S. DEPUTY COMMISSIONER, SHIMOGA DISTRICT AND APPROPRIATE AUTHORITY UNDER PCPNDT ACT, SHIMOGA DISTRICT-577201. ... RESPONDENTS (BY SRI: NASRULLA KHAN, HCGP FOR R1;
SMT: M.V.ASHWINI, ADVOCATE FOR R2-ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.3359/2013 PENDING ON THE FILE OF THE PRL. C.J. (JR. DN.) AND J.M.F.C., SHIMOGA.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioners and the learned HCGP for respondent No.1. Counsel for respondent No.2 is absent.
2. Perused the records.
3. The accusations made against the petitioners, which are duly supported by the material, prima facie make out the ingredients of the offences under Section 318 of Indian Penal Code. Hence, no grounds are made out to quash the proceedings. However, having regard to the contentions urged by the petitioners, liberty is reserved to the petitioners to seek for their discharge on such grounds available in law before the Trial court.
With this observation petition is dismissed.
Sd/- JUDGE rs