IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1787 OF 2019 BETWEEN:
H.C. SATHISH S/O CHANDRAPPA AGED ABOUT 42 YEARS R/AT HITNAHALLY VILLAGE RAWANDOORU HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-570 161 … PETITIONER (BY SHRI. MADANGOUDA N. PATIL ADVOCATE) AND:
1. THE STATE OF KARNATAKA PERIYAPATNA POLICE STATION MYSURU DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 2. PUTTAMMA W/O LATE TAMMEGOWDA AGED ABOUT 60 YEARS R/AT HITNAHALLY VILLAGE RAWANDOORU HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-570 161 ... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THIS PETITIONER IN SPL.CASE NO.231/2018 ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HUNSUR, MYSORE DISTRICT FOR THE OFFENCE P/U/S 306 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has taken exception to initiation of criminal proceedings in Special Case No.231/2018 on the file of 8th Additional District & Sessions Judge, Hunsur.
2. Shri Madangouda N.Patil, learned advocate for the petitioner urged following grounds in support of his contention:
that complaint has been lodged by persons who are inimically disposed towards petitioner;
that alleged death note could not have been written by the deceased because deceased was an illiterate person;
that deceased was consuming alcohol and on the faithful day, he had quarreled with his wife after consuming alcohol which may have led him to commit suicide; and the allegation against petitioner that he had told the deceased to ‘go and die’ does not constitute any offence.
3. Learned HCGP argued opposing the petition.
4. I have carefully considered the rival submissions and perused the records.
5. Complaint averments disclose that the deceased and his wife were in the house. It is alleged that petitioner was behaving in an indecent manner with the wife of deceased. It also contains allegations of threat of abuse and assault by petitioner against the deceased.
6. First contention is that complaint is filed at the instance of persons who are inimically disposed towards petitioner. The second contention is that deceased was illiterate and alcoholic. All these aspects require to be decided after a full-fledged trial. No finding can be recorded on the mere assertion and plea of innocence urged on behalf of petitioner in a petition under Section 482 Cr.PC.
7. Resultantly, this petition fails and it is accordingly dismissed. No costs.
Sd/- JUDGE Yn.