IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.1054 OF 2013 BETWEEN:
1. Smt. Nagamma, W/o. Late Siddappa, Age: 68 years, Occ: House Wife, Add: Karakalaghatta Village, Holavanahalli Hobli, Koratagere Taluka, Tumkur District – 572 121.
2. Smt. Tayimuddamma, W/o. Lingaiah, Age: 57 years, Occ: House Wife, Add: Karakalaghatta Village, Holavanahalli Hobli, Koratagere Taluka, Tumkur District – 572 121. …Petitioners (By Sri. Anil Kumar S., Advocate for Sri. Venkatesh P. Dalwai, Advocate) AND:
1. The State of Karnataka, Rep. by Koratagere Police Station, Bengaluru – 560 001.
2. Sri. Madhusudhana, S/o. Ramachandraiah, Age: 19 years, Occ: Not Known, Add: Karakalaghatta Village, Holavanahalli Hobli, Koratagere Taluka, Tumkur District – 572 121. ...Respondents (By Sri. I.S Pramod Chandra, SPP-II for R1; R2 – served and unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings on the file of the Addl. Civil Judge (Jr.Dn.) and JMFC at Koratagere in Crime No.341/2012 for the offences under Sections 143, 147, 323, 324, 504, 506 & 149 of IPC produced at Annexure – A This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioners are accused Nos.4 and 5 in Crime No.341/2012 registered for the offences punishable under Sections 143, 147, 323, 324, 504, 506 r/w 149 of IPC.
2. The said FIR is registered based on the complaint lodged by one Madhusudhana K.R., alleging that on account of the previous enmity regarding a site, on 21.12.2012 accused Nos.1 to 5 formed into an unlawful assembly; accused No.2 assaulted the complainant with a sickle and other accused persons assaulted him with hands and also abused him.
3. The learned counsel for the petitioners submit that the allegations made against the petitioners herein are false and baseless and they do not constitute the ingredients of the offences alleged against the petitioners; the complainant has not averred any specific overt-acts in so far as the petitioners are concerned and hence, investigation against the petitioners is liable to be quashed.
4. On going through the complaint, it is noticed that common allegations are made against the petitioners as well as other accused persons alleging that all the accused persons abused and assaulted the complainant. The overt-acts committed by the petitioners could be determined only through the investigation, as the allegations made against the petitioners attract the ingredients of the offences alleged in the FIR, this is not a fit case to stall the investigation and hence, the petition is dismissed.
Sd/- JUDGE SV/-