IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.3475 OF 2019 Between:
M.Shivakumar, S/o late Munigappa, Aged about 40 years, R/at Kurudasonnenahalli Village, Virgonagar Post, Bangalore – 560 049.
(By Sri.Chandrashekara K.A., Advocate) And:
1. Shashidhar J., S/o late R.Jagannath, Aged about 42 years, R/at No.791/1, 2nd Cross, Balagere Road, Varthur Village and Post, Bangalore East Taluk, Bangalore – 560 087.
2. The State of Karnataka, By the Police of Varthur Police Station, Bangalore – 560 087.
…Petitioner Represented by S.P.P., High Court of Karnataka, Bangalore – 560 001. ...Respondents (By Smt.Namitha Mahesh B.G., HCGP for R2) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.11264/2018, now pending on the file of the Learned 2nd Additional CJM, Bangalore for the offence P/U/Ss 427, 504 and 506 of IPC.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
O R D E R Petitioner has prayed for the following relief:
“Call for records and quash the entire proceedings in C.C.No.11264/2018 now pending on the file of learned 2nd Addl. CJM, Bangalore for the offence punishable under Sections 427, 504 and 506 of IPC, to meet the ends of justice.”
2. Perusal of the allegations prima facie attract the offences relating to Sections 420, 427, 384, 406 of IPC. It is a matter for trial.
3. The Hon’ble Supreme Court in the case of ‘Sau.
Kamal Shivaji Pokarnekar vs. State of Maharashtra and Others’ reported in AIR 2019 SC 847 in paragraph No.9 of the judgment has held as under:
“9. Having heard the learned Senior Counsel and examined the material on record, we are of the considered view that the High Court ought not to have set aside the order passed by the Trial Court issuing summons to the Respondents. A perusal of the complaint discloses that prima facie, offences that are alleged against the Respondents. The correctness or otherwise of the said allegations has to be decided only in the Trial. At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceedings shall not be interdicted.”
4. Accordingly, petition stands disposed off, reserving liberty to the petitioner to make necessary application before the Court below for discharge.
Sd/- JUDGE bkp