IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.508/2018 BETWEEN:
RANGASWAMY S/O. OMKARAPPA AGED ABOUT 23 YEARS AGRICULTURIST R/AT S. ROPPA VILLAGE MADADAKERE HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT PIN-577 522.
(BY SRI JAGAN MOHAN M T, ADV.) AND:
STATE OF KARNATAKA BY HOLALKERE CIRCLE POLICE HOLALKERE TALUK CHITRADURGA DISTRICT PIN-577 522 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001.
(BY SRI NASRULLA KHAN, HCGP.) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED 19.08.2017 FILED BY THE RESPONDENT POLICE AGAINST ACCUSED NO.1, D.NAGARAJAPPA S/O LATE DASAPPA IN C.C.NO.670/2017 ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT, HOLALKERE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:-
O R D E R Heard Shri M.T. Jagan Mohan, learned advocate for the petitioner and Shri Nasrulla Khan, learned HCGP for the State.
2. The petitioner has registered FIR No.190/2017 on 09.05.2017 in Holalkere Police Station, Chitradurga, alleging that his uncle Nagarajappa had succumbed to injuries sustained in a road traffic accident involving a tractor. After investigation, Police have filed a charge sheet in which, the deceased Nagarajappa has been shown as accused No.1 and driver of the tractor as accused No.2.
3. It is the case of the Prosecution that the deceased Nagarajappa was riding his motorcycle in a rash and negligent manner and rammed into a stationary trailer.
This version of the Prosecution is based on a further statement allegedly given by the petitioner and recorded on 10.05.2017 which is produced as document No.4.
4. Learned advocate for the petitioner submits that petitioner has not given any further statement before the Police authorities. Therefore, arraying deceased Nagarajappa as accused No.1 is contrary to original complaint given on 09.05.2017. Accordingly, he prays that the criminal proceedings against the deceased person may be quashed. To a query made by this Court, learned counsel for the petitioner submitted that the trial is in progress.
5. Learned HCGP argued the matter in support of the charge sheet.
6. The charge sheet is based on the further statement of the petitioner dated 10.05.2017. The petitioner denies having given the said further statement. Hence, the evidence is necessary.
7. In the circumstances, I see no ground to entertain this petition by exercising power under Section 482 of Cr.P.C. Hence, this petition fails and it is accordingly dismissed.
No costs.
Sd/-
JUDGE mpk* ct:bms ch: yn