IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4274 OF 2016 BETWEEN:
1. M. GOVINDARAJU S/O MUDLAGIRIYAIAH AGED ABOUT 40 YEARS NO.1497, 3RD CROSS KEMPEGOWDA ROAD SRINIVAS NAGAR, VIJAYANAGAR BENGALURU -72 2. SHEKAR S/O HANUMAIAH AGED ABOUT 35 YEARS AKKUR VILLAGE RAMANAGARA TALUK & DISTRICT 3. KIRAN S/O LATE GIRISWAMY AGED ABOUT 30 YEARS JALAMANGALA VILLAGE RAMANAGARA TALUK & DISTRICT ... PETITIONERS (BY SRI. K.R. ANANTHA MURTHY, ADVOCATE) ABSENT AND:
1. STATE BY CHANDRA LAYOUT POLICE STATION BENGALURU CITY -560 040.
2. GIRIYAPPA S/O LATE DASEGOWDA AGED ABOUT 73 YEARS NO.10, FLAT NO.4 2ND MAIN, BYRAVESHWARA NAGAR NAGARBHAVI MAIN ROAD BENGALURU - 72. ... RESPONDENTS (BY SRI. I.S. PRAMOD CHANDRA., SPP-II FOR R-1) ---
THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH FILING OF THE CHARGE SHEET IN C.C.NO.11429/2015 ON THE FILE OF VIII A.C.M.M., BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioners is absent. Heard the learned SPP-II. Perused the records.
2. Petitioners have sought to quash the charge-sheet in C.C.No.11429/2015. Case is registered against the petitioners for the offences punishable under sections 448, 504, 506 read with section 34 of Indian Penal Code.
3. The accusations against the petitioners are that, on account of the property dispute, on 3.12.2014 at 7.20 p.m., the petitioners unlawfully trespassed into the house of the complainant and threatened to kill him and also abused and assaulted him.
4. The allegations made against the petitioners are sought to be substantiated through the statements of the witnesses and other incriminating materials. Therefore, it cannot be said that the allegations made against the petitioners are false and baseless as contended in the petition. Petitioners have not made out any ground to allow the petition.
Hence, the petition is dismissed.
In view of the dismissal of the petition, I.A.No.1/2016 does not survive for consideration and the same is also dismissed.
Sd/- JUDGE Bss