IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1037/2019 A/W CRIMINAL PETITION NO.1159/2019 IN CRL.P. NO.1037/2019: BETWEEN:
1. MANJUNATH S/O BAJJAPPA AGE 51 YEARS OCC: SERVICE R/AT GUNJURU VARTHUR BENGALURU - 560 087.
2. HOODI VIJI S/O MUNIYAPPA AGED ABOUT 36 YEARS OCC: SERVICE R/AT NO.6, SWETHA BHAVANA A BLOCK, AECS LAYOUT BANGALORE CITY - 560 037.
3. KABBADI CHINNAPPA S/O LATE SUBBANNA AGED ABOUT 49 YEARS OCC: SERVICE, R/AT HOODI BANGALORE - 560 048.
4. CHANNAKESHAVA S/O MUNIPILLAPPA M AGED ABOUT 41YEARS OCC: SERVICE R/AT GARUDACHARIPALYA MAHADEVAPURA BANGALORE - 560 048.
5. NARASIMAIAH S/O D. KRISHNAPPA AGED ABOUT 42 YEARS OCC: SERVICE R/AT GARUDACHARIPALYA MAHADEVAPURA BANGALORE - 560 048.
6. ARUNA REDDY W/O GOPALA REDDY OCC: SERVICE AGED ABOUT 50 YEARS R/AT GUNJURU BENGALURU - 560 048.
7. VENKATESH S/O KENCHAPPA AGED ABOUT 64 YEARS OCC: SERVICE R/AT SADARA MANGALA KADUGODI BENGALURU - 560 067.
8. ASLAM S/O SAIYAD ANWAR AGED ABOUT 45 YEARS OCC: SERVICE R/AT VARTHURU BENGALURU - 560 049.
9. ASHWATH REDDY S/O NANJUNDA REDDY AGED ABOUT 66 YEARS OCC: SERVICE R/AT VARTHURU BENGALURU - 560 067.
10. VIJAY REDDY S/O N. VENKATESH AGED ABOUT 35 YEARS OCC: SERVICE R/AT MAHADEVAPURA BENGALURU - 560 066.
... PETITIONERS (BY SRI. VENKATESH P DALWAI., ADVOCATE) AND:
STATE OF KARNATAKA BY THE POLICE SUB INSPECTOR H A L POLICE STATION BANGALORE - 12 REPT. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALROE – 01.
... RESPONDENT (BY SRI. S. CHANDRASHEKARAIAH., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE LEARNED LXXXI ADDITIONAL CITY CIVIL AND SPL.JUDGE, BANGALORE CITY CCH-82 IN SPL.C.NO.398/2018 FOR THE OFFENCE P/U/S 341,143,147,283 R/W 149 OF IPC PRODUCED AT ANNEXURE-A OF IPC (IN SO FAR AS PETITIONER ARE CONCERNED) IN CRL.P. NO.1159/2019: BETWEEN:
SRI. ARVIND LIMBAVALI S/O VENKATARAO LIMBAVALI AGE: 51 YEARS, OCC:MLA R/AT NO.6, RENUKANILAYA ANNAYAPPA COLONY NEW THIPPASANDRA H.A.L. 3RD STAGE BANGALORE – 560 075.
... PETITIONER (BY SRI. VENKATESH P DALWAI., ADVOCATE) AND:
STATE OF KARNATAKA BY THE POLICE SUB INSPECTOR H A L POLICE STATION BANGALORE – 12 REPT. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATKA BANGALORE – 01.
(BY SRI. S. RACHAIAH., HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE LEARNED LXXXI ADDITIONAL CITY CIVIL AND SPECIAL JUDGE, BANGALORE CITY CCH-82 IN SPL.C.NO.398/2018 FOR THE OFFENCE P/U/S 341,143,147,283 R/W 149 OF IPC PRODUCED AT ANNEXURE A (IN SO FAR AS PETITIONER IS CONCERNED) OF IPC.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matters are listed for admission, by consent of learned Advocates appearing for parties they are taken up together for final disposal.
2. A complaint came to be lodged against petitioners on 25.02.2017 alleging that management of the school by name Kidzy Nursery School, there was sexual harassment of minor children by the driver of school van and management had not taken any action. Alleging police were also not taking any action against those persons responsible for such acts of second respondent, a protest came to be held by about 600 to 800 workers of Bharatiya Janata Party lead by Member of Legislative Assembly, Sri Aravind Limbavali and alleging the said protestors had conducted rasta roko and obstructed the traffic, a complaint came to be lodged by the beat police of HAL Police Station, which ended in registration of FIR in Crime No.124/2017 and after investigation, charge sheet has been filed in Special Case No.398/2018. Hence, petitioners who are arrayed as Accused Nos.1, 8, 10, 11, 12, 13, 17, 18, 19, 20 and 24, are before this Court for quashing of the said proceedings.
3. I have heard Sri Venkatesh P. Dalwai, learned counsel appearing for petitioners and Sri S.Rachaiah, learned HCGP appearing for respondent – State. Perused the case papers.
4. It is the contention of Sri Venkatesh P. Dalwai, learned counsel appearing for petitioners that a plain reading of complaint do not suggest either rioting or use of force as such and also elaborating his submission that even the charge sheet material does not disclose the offences punishable under Sections 341 and 283 of IPC and as such, he has sought for quashing of the proceedings.
5. Per contra, Sri S.Rachaiah, learned HCGP appearing for respondent–State would support the impugned order.
6. Having heard the learned Advocates appearing for respective parties and on perusal of material on record, it discloses that first accused is the Member of Legislative Assembly of Mahadevapura Constituency, in whose jurisdiction school in question namely, Kidzy Nursery School is established and being run. On account of some of the parents of the wards (children) purportedly complained to the school authorities of sexual harassment to their wards/children and management not having initiated any action had resulted in an emotional outburst, which culminated in holding a protest not only by the parents of the children, but also by other public spirited citizens lead by the local MLA.
7. Sri.S.Rachaiah, learned HCGP has submitted that jurisdictional police had also registered a criminal case against the management of the school, which is not in serious dispute. Be that as it may. A plain reading of charge sheet material does not disclose purported act of rioting, use of force or violence for prosecution to invoke Sections 146 and 147 of IPC. Further, Section 341 of IPC would indicate that it is wrongful restraint of a person, which would attract said provision i.e., doing an act or by omitting to take order with any property in his possession or under his charge and thereby, causing danger, obstruction or injury to any person in any public way would also attract Section 283 of IPC and in the instant case, except holding a silent protest by the petitioners and other accused persons there was no such act as alleged. Hence, it cannot be said by the prosecution that provisions of Sections 283 and 341 IPC are attracted.
8. In that view of the matter, continuation of proceedings against petitioners and directing them to undergo ordeal of trial cannot serve any fruitful purpose and continuation of said proceedings would only result in abuse of process of law as well as waste of precious judicial time. Hence, this Court is of the opinion that there are no material or reasonable ground to proceed against petitioners – accused.
Hence, I proceed to pass the following:
ORDER (i) Crl.P.Nos.1037/2019 and 1159/2019 are hereby allowed.
(ii) Proceedings pending against petitioners in Spl.C.No.398/2018 on the file of the LXXXI Additional City Civil and Special Judge, Bangalore City (CCH-82) for the offences punishable under Sections 341, 143, 147, 283 r/w 149 of IPC, is hereby quashed and petitioners are acquitted of said offences.
In view of petition having been allowed, I.A.No.1/2019 for stay does not survive for consideration and it is hereby rejected.
SD/-
JUDGE DR