IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1560 OF 2015 BETWEEN:
1. H.B. RAMU S/O BOREGOWDA AGED ABOUT 56 YEARS 2. H R VINAY S/O H B RAMU AGED ABOUT 34 YEARS BOTH ARE RESIDENTS OF HOLALU VILLAGE DUDDA HOBLI MANDYA TQ & DIST-571401 3. SMT SMITHA RAMU D/O H B RAMU W/O DR SHIVAKUMARA SWAMY AGED ABOUT 32 YEARS R/O 602/A, DOCTORS QUARTERS MIMS HOSPITAL MANDYA-571401 4. H B THAMMANNA S/O BYREGOWDA AGED ABOUT 51 YEARS R/O HOLALU VILLAGE DUDDA HOBLI MANDYA TQ & DIST (BY SRI: D S HOSMATH, ADVOCATE ABSENT) AND:
1. THE STATE OF KARNATAKA BY MANDYA EAST POLICE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001 2. DR M S SHIVAKUMARA SWAMY S/O SHIVALINGAIAH AGED ABOUT 40 YEARS DENTIST MIMS HOSPITAL MANDYA CITY AND R/O NO. 242 TAVARGERE BEHIND B B SAMUDAYA BHAVANA MANDYA-571401 ... PETITIONERS ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH FIR IN CR. NO.266/2012 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 307 R/W 34 OF IPC AND NOW NUMBERED AS C.C.NO.115/2014 ON THE FILE OF PRL. C.J. AND J.M.F.C., MANDYA.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioners is absent.
When the matter is taken up for hearing, learned SPP-II appearing for respondent No.1 State submits that after trial, all the four petitioners herein are acquitted of the charges under Sections 143, 147, 341, 323, 307, 506 r/w 149 Indian Penal Code by judgment dated 22.05.2017 in S.C.No.83/2015 connected with S.C.No.78/2016 arising out of Cr.No.266/2012.
In view of the above facts, the petition is dismissed as it does not survive for consideration. In view of dismissal of the main matter, I.A.No.1/15 for stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE *mn/-