IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.9869 OF 2017 BETWEEN:
1. MR.K.G. UTHAPPA S/O LATE K M GANAPATHI AGED ABOUT 68 YEARS 2. MR K G SUBRAMANYA S/O LATE K M GANAPATHI AGED ABOUT 70 YEARS 3. MRS SAROJINI W/O K G UTHAPPA AGED ABOUT 65 YEARS ALL ARE R/A HEBBASALE VILLAGE KASABA HOBLI SAKALESHPURA TALUK HASSAN DISTRICT-573134.
... PETITIONERS (BY SMT: LEELA P.DEVADIGA, ADVOCATE FOR SRI : A K SUBBAIAH, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY SAKALESHPURA TOWN POLICE STATION REP BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001 2. MRS JAYAMMA W/O LATE J D SOMAPPA AGED ABOUT 68 YEARS HEBBASALE VILLAGE KASABA HOBLI SAKALESHPURA TALUK HASSAN DISTRICT-573201.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1;
SRI: HEMANTH KUMAR.D., ADVOCATE FOR R2-ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.8/2015 AND CHARGE SHEET DATED 05.12.2015 OF SAKALESHPURA TOWN POLICE STATION AS WELL AS THE ORDER DATED 05.10.2016 PASSED BY THE COURT OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN TAKING COGNIZANCE AND ISSUING PROCESS/SUMMONS TO THE PETITIONERS IN S.C.NO.171/2016, COPIES OF WHICH ARE PRODUCED AT ANNEXURES-B, C, D RESPECTIVELY AND ALL FURTHER PROCEEDINGS PURSUANT THERETO SECURE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioners and learned Addl.
SPP for respondent No.1.
Counsel for respondent No.2 is absent. Perused the records.
2. On going through the charge sheet and the material produced before this Court, prima-facie material appears to have been collected by the Investigating agency in support of the charges levelled against the petitioners. Therefore, this is not a fit case to quash the proceedings.
Accordingly, the petition is dismissed. Liberty is reserved to the petitioners to seek discharge before the trial court on such grounds available under law.
Sd/- JUDGE *mn/-