IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI CRL.P. NO.3246 OF 2019 BETWEEN:
KUMAR B.S.,S/O. SIDDAPPA, AGED ABOUT 32 YEARS, R/AT C/O. PUTTASWAMY RENT HOUSE, III CROSS, HALAHALLI NEAR BISILU MARAMMA TEMPLE, MANDYA-571401.
.. PETITIONER (BY SRI. MOHAN KUMAR, ADVOCATE FOR SRI. SHYAM SUNDAR, ADVOCATE) AND 1. STATE OF KARNATAKA BY H.S.R. LAYOUT POLICE STATION BENGALURU REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BENGALURU 2. SMT. DHANYA S.A., W/O. MURTHY M., AGED ABOUT 25 YEARS, R/AT GOKUL, 5TH CROSS, LAKSHMI FILM THEATER ROAD, RAMAMURTHYNAGAR BENGALURU .. RESPONDENTS (BY SMT. K.P.YASHODHA, HCGP FOR R1) *** THIS PETITION IS FILED U/S 482 OF Cr.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE VI A.C.M.M., BENGALURU IN C.C.NO.33963/2018 (CR.NO.364/2017) AND ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner has sought for the following reliefs:
“The petitioner most humbly pray that this Hon’ble Court be pleased to call for the entire records and quash the entire proceedings pending on the file of the learned VI Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.33963/2018 (Crime No.364/2017), under section 363, 341, 504, 307, 323, 324, 506 r/w 34 of IPC and grant such other relief of reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.
2. The learned State Counsel was directed to get instruction as to whether prima facie case is made out under Section 307 IPC. To day, the learned State Counsel pointed out from the order sheet relating to assault and seizure of the weapon used for commission of the offences. Further, liquor bottle, scissor and helmet were used while committing the alleged offences under intoxication.
3. Therefore, prima facie offences under Sections 341, 323, 324, 363, 307, 504, 506 read with Section 34 of IPC are forthcoming. Hence, it is not appropriate to interfere in the matter at this stage.
4. Accordingly, petition stands dismissed reserving the liberty to the petitioner to make necessary application for discharge, if any.
Sd/- JUDGE VK