IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4211 OF 2013 C/W CRIMINAL PETITION NOS.4207/2013, 4208/2013, 4209/2013, 4210/2013, 4212/2013, 4213/2013, 4214/2013, 4215/2013, 4216/2013, 4217/2013, 4218/2013, 4219/2013, 4220/2013 IN CRL.P.NO.4211/2013 BETWEEN:
H.R.VASANTHA KUMARI, D/O. H.D.RAJEGOWDA, AGED ABOUT 38 YEARS, RESIDING AT NO.51, HALLIGERE, BASARALU HOBLI, MANDYA DISTRICT – 571 401. (BY SRI. D.VENUGOPAL, ADV.,) IN CRL.P.NO.4207/2013 BETWEEN:
J.JAGADISH, S/O. K.S.JAYANNA, …PETITIONER AGED ABOUT 35 YEARS, SHIVAKUMARA SWAMY BADAVANE, CHIKKANAYAKANAHALLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 214.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4208/2013 BETWEEN: S.SHIVAMMA, W/O. K.S.JAYANNA, AGED ABOUT 70 YEARS, SHIVAKUMARA SWAMY BADAVANE, CHIKKANAYAKANAHALLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 214.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4209/2013 BETWEEN:
K.S.JAYANNA, S/O. SIDDALINGAPPA, AGED ABOUT YEARS, SHIVAKUMARA SWAMY BADAVANE, CHIKKANAYAKANAHALLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 214.
(BY SRI. D.VENUGOPAL, ADVOCATE) …PETITIONER …PETITIONER …PETITIONER IN CRL.P.NO.4210/2013 BETWEEN:
J.MEENAKSHI, W/O. N.R.PRASAD, AGED ABOUT YEARS, NO.85, 7TH A CROSS, 2ND MAIN, ITTAMADU, B.S.K. 3RD STAGE, BANGALORE – 560 085.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4212/2013 BETWEEN:
A.DEEPTHI RAO, D/O. ASHOK KUMAR V.R., AGED ABOUT 27 YEARS, RESIDING AT NO.950, 13TH MAIN, 10TH CROSS, SRINAGAR, BANGALORE – 560 050.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4213/2013 BETWEEN:
JAYADEEP KUMAR, S/O. RAMAKRISHNA, …PETITIONER …PETITIONER AGED ABOUT 44 YEARS, RESIDING AT NO.3, 3RD CROSS, 2ND MAIN, NAGAPPA BLOCK, SRIRAMPURAM, BANGALORE – 560 021.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4214/2013 BETWEEN:
DIVYA RAO A, D/O. ASHOK KUMAR V.R, AGED ABOUT 28 YEARS, RESIDING AT NO.950, 13TH MAIN, 10TH CROSS, SRINAGAR, BANGALORE – 560 050.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4215/2013 …PETITIONER …PETITIONER BETWEEN:
VANAJAKSHI, W/O. K.C.UMESH, AGED ABOUT 44 YEARS, RESIDING AT NO.2, PANCHASHEELA BLOCK, B.E.M.L. 3RD STAGE, RAJESHWARINAGAR, BANGALORE – 560 085. …PETITIONER (BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4216/2013 BETWEEN:
H.K.SOMMANA, S/O LATE LULLA LINGAIAH, AGED ABOUT 48 YEARS, B.HOSAHALLI, GOPALAPURA POST, MANDYA TALUK, MANDYA DISTRICT - 571 004.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4217/2013 BETWEEN:
A.SHARADA RAO, D/O. LAKSHMIKANTHAN, AGED ABOUT 57 YEARS, NO.285, BYRAOJIRAO LAYOUT, PIPELINE SRINAGAR, BANGALORE – 560 050.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4218/2013 BETWEEN: SUBBARAYANATUR, S/O. GOPAL GOWDA, …PETITIONER …PETITIONER AGED ABOUT 49 YEARS, NO.92, RAJAGOPALNAGAR, PEENYA 2ND STAGE, BANGALORE – 560 058.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4219/2013 BETWEEN:
V.R.VIJAYKUMAR, S/O. LATE V.R.RAO, AGED ABOUT 57 YEARS, NO.268, BYRAOJIRAO LAYOUT, PIPELINE SRINAGAR, BANGALORE – 560 050.
(BY SRI. D.VENUGOPAL, ADVOCATE) IN CRL.P.NO.4220/2013 BETWEEN:
A.N.CHANDRAPPA, S/O. NARAYANAPPA, AGED ABOUT 47 YEARS, RESIDENT AT ANEKEMPAYYANADODDI, MENCHANABELE, MAGADI TALUK, RAMANAGARAM DISTRICT – 571 511.
(BY SRI. D.VENUGOPAL, ADVOCATE) …PETITIONER …PETITIONER …PETITIONER AND:
1. STATE OF KARNATAKA, BY BASAVANAGUDI POLICE, BANGALORE – 560004.
2. VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.35, RATHNA VILASA ROAD, BASAVANAGUDI, BANGALORE – 560004. REPRESENTED BY ITS SECRETARY.
... RESPONDENTS (COMMON) (BY SRI.VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; SRI.K.S.ABHIJITH, ADVOCATE FOR SRI.B.L.SANJEEV, ADVOCATE FOR R2) THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE/QUASH THE CHARGE SHEET FILED IN C.C.NO.3384/13 BY THE RESPONDENT AS PER ANNEXURE-A1 NOW PENDING BEFORE THE IV ADDL.C.M.M, BANGALORE.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In these petitions, accused Nos.9, 5, 6, 7, 8, 11, 12, 13, 15 to 20 have sought to quash the proceedings initiated against them in C.C.No.3384/2013 for the offences punishable under Sections 120B, 420, 465, 467, 468, 471, 472, 201, 406 and 380 of IPC.
2. When the matter is taken up for hearing, learned Additional SPP appearing for respondent No.1- State has produced a copy of the order passed by this Court in Crl.P.No.5684/2013 dated 11.11.2013, which discloses that during the pendency of all these petitions, accused Nos.5 to 8 filed a separate petition seeking quashing of the very same charge sheet and the said petition has been dismissed directing accused Nos.5 to 8 to seek discharge before the trial Court.
3. Learned counsel for the petitioners appearing on behalf of the petitioners in all these petitions submit that the discharge application filed by the petitioners is pending consideration of the trial Court. He further points out that the proceedings initiated against the petitioners are barred under Section 111 of the Karnataka Co- operative Societies Act.
4. The contentions urged by the learned counsel for the petitioners based on Section 111 of Karnataka Co- operative Societies Act, is left open for consideration of trial Court at the time of considering the discharge application, if any filed by the petitioners.
5. In view of the order passed by this court in Crl.P.No.5684/2013, reserving liberty to the petitioners to seek their discharge on such grounds available under law, above petitions are disposed of.
6. The trial Court is directed to pass appropriate orders on the discharge applications filed by the petitioners as expeditiously as possible within an outer of limit of two months from the date of communication of this order.
All the petitions stand disposed of in terms of the above order.
Sd/- JUDGE HJ