IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3089 OF 2016 BETWEEN:
1. Babu, S/o Krishnappa, Aged about 43 years.
2. Vijayalakshmi, W/o Babu, Aged about 34 years.
3. Vishwanatha, S/o Babu, Age 17 years, Minor represented by His natural Guardian By his father.
Petitioner Nos.1 to 3 are Residents of Door No.63, 2nd B Cross, Jakkur Layout, Byatarayanapura, Bengaluru – 560 029.
4. Kantharaju, S/o Bheemaiah, Aged about 37 years, R/of No.429, Bhava Nilaya, 5th Cross, Sharada Nagara, Tipaturu – 572 201.
5. Padma, W/o Somashekhara, Aged about 32 years, No.15, 3rd Cross, Next to Bilva Vinayanak Seva Sangha Temple, Bairaveshwara Nagara, Laggere, Bengaluru – 560 064.
6. Somashekhara, S/o Rangaiah, Aged about 42 years.
7. Rajamma, W/o Somashekhara, Aged about 37 years.
8. Mallikarjuna, S/o Somashekhar, Age 18 years, Minor represented by His natural guardian father.
Petitioner Nos.6 to 8 are R/of Pankajahalli, Shettikere Hobli, Chikkanayakanahalli, Tumakuru – 572 227.
(By Sri. S.N. Bhat, Advocate) AND:
K. Kariyappa, S/o Late Kenchaiah, Aged about 42 years, 3rd Cross, Vidyanagar, Behind General Hospital, Tipaturu – 572 201.
…Petitioners ... Respondent This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the entire proceedings in C.C.No.870/2015 on the file of Civil Judge (Sr.Dn.) and JMFC, Tipturu.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER Heard learned counsel for the petitioners and perused the records.
2. Petitioners are aggrieved by the order passed by the learned Magistrate, taking cognizance of the offences punishable under Sections 420, 323, 504, 506 read with Section 34 of IPC and issuing summons to the petitioners.
3. Learned counsel for the petitioners submits that the material produced before the trial Court do not prima facie constitute the ingredients of the offences. That the very basis for the prosecution of the complaint is the alleged money transaction, but no material is produced in proof of the alleged transaction. Learned Magistrate has failed to apply his mind to these facts and has blindly issued summons to the petitioners and hence seeks to quash the proceedings initiated against the petitioners.
4. On going through the material on record, there are specific allegations of assault and threat. The overt acts committed by the individual accused are narrated in the sworn statement and supporting documents are produced along with the sworn statement. The correctness and genuineness of this material cannot be gone into by this Court at this stage. Hence, reserving liberty to the petitioners to seek for their discharge on such grounds available under law, this petition is disposed of.
Sd/- JUDGE BMC