IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.8789/2017 BETWEEN:
1. SMT. GOWRAMMA H. R., W/O H.M. RUDRAKUMAR, AGED ABOUT 36 YEARS, R/AT NO.4, KALLESWARA KRUPA, 12TH CROSS, NEAR NATIONAL PUBLIC SCHOOL, SHIVAPURA, N.G. HALLI, BANGALURU-560073.
2. SMT. ANITHA H R, W/O B. SIDDAVEERAIAH, AGED ABOUT 44 YEARS, NO.98/B, 4TH CROSS, 2ND MAIN, BAPUJI NAGAR, BANGALURU-560026.
3. SRI B. SIDDAVEERAIAH, S/O BALAIAH, AGED ABOUT 48 YEARS, R/AT NO.98/B, 4TH CROSS, 2ND CROSS, BAPUJI NAGAR, BANGALURU-560026.
4. SMT. RADHIKA @ CHANNAMMA, W/O KALINGARAJ, AGED ABOUT 34 YEARS.
5. SRI KALINGARAJU, S/O OMKAR, AGED ABOUT 38 YEARS.
6. SRI RUDRESH H.R., S/O LATE REVANAPPA AGED ABOUT 34 YEARS.
PETITIONER NOS.4 TO 6 ARE RESIDING AT NO.580, 6TH CROSS, KAVIKA LAYOUT, BAPUJI NAGAR, BANGALURU-560026.
7. MIS SHANTHA H. R., D/O LATE REVENAPPA, AGED ABOUT 45 YEARS.
8. SMT. RUDRAMMA, W/O LATE REVANAPPA, AGED ABOUT 70 YEARS.
9. SMT. KAMALLAMMA, W/O MAHADEVAPPA, AGED ABOUT 50 YEARS.
PETITIONERS NOS.7 TO 9 ARE RESIDING AT HIREJAMBUR VILLAGE, SHIKARIPURA TALUK, SHIMOGA DISTRICT-577427.
10. SMT. NIRMALA, W/O MALLESHAPPA, AGED ABOUT 52 YEARS, R/AT BOGI VILLAGE, SHIKARIPURA TALUK, SHIMOGA DISTRICT-577427.
11. SMT. SUMANGALA @ MANGALA, W/O VIRUPAKSHAPPA, AGED ABOUT 48 YEARS, R/AT MAYATHAMMANAMUCHUDI, SHIKARIPURA TALUK, SHIMOGA DISTRICT-577427.
12. SRI ANANDA, S/O LATE REVANAPPA, AGED ABOUT 35 YEARS, RESIDING AT HIREJAMBUR VILLAGE, SHIKARIPURA TALUK, SHIMGOA DISTRICT-577427 13. SMT. LALITHA H.R., W/O G.U. AJJAPPA, AGED ABOUT 46 YEARS, R/AT NO.1544, 7TH CROSS, 2ND MAIN, VINOBHA NAGAR, DAVANAGERE -5700201.
14. SRI G.U. AJJAPPA, S/O G. UJJANAPPA, AGED ABOUT 48 YEARS, R/AT NO.1544, 7TH CROSS, 2ND MAIN, VINOBHA NAGAR, DAVANAGERE-5700201.
... PETITIONERS (BY SRI R.B. SADASIVAPPA, ADVOCATE) AND:
1. STATE OF KARNATAKA, REP BY PEENYA POLICE STATION, BANGALURU-560058.
2. H.M. RUDRAKUMAR, S/O MAHESHWARAPPA, AGED ABOUT 50 YEARS, ADVOCATE AND SPECIAL PUBLIC PROSECUTOR, MAMATHA APARTMENT, 2ND FLOOR, 4TH MAIN ROAD, GANDHI NAGAR, BANGALURU-560009.
... RESPONDENTS (BY SRI S. RACHAIAH, HCGP FOR R-1, SRI K.G. SADASHIVAIAH, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS OF PCR NO.7063/2017 (CR.NO.358/2017) AND ALLOW THIS PETITION.
THIS CRIMINAL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R A memo dated 4.12.2018 is filed by the petitioners to dismiss the above petition contending inter alia, that prayer sought for in the petition has become infructuous in the light of charge-sheet having been filed against the petitioners which has now been challenged by them in Criminal Petition No.6085/2018. Said memo is placed on record.
2. In the light of above statement made by the petitioners in the memo referred to hereinabove and considering the fact that in the present petition, petitioners had sought for quashing of the FIR in Crime No.358/2017, continuation of the present proceedings would not sub- serve the ends of justice, particularly when charge-sheet has been filed after investigation, which has also been challenged by these petitioners in Criminal Petition No.6085/2018. Hence, reserving liberty to both parties to urge their respective contentions in the said petition i.e., Criminal Petition No.6085/2018, this petition stands dismissed as withdrawn.
SD/- JUDGE MD