IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.52356 OF 2018 (GM-RES) BETWEEN:
S ASHOKA S/O SRINIVASA, AGED 26 YEARS, R/O GOLIBILAIN, HORNADU VILLAGE, MUDIGERE TALUK CHIKKAMAGALURU TALUK - 577 136. PETITIONER (BY SHRI VIKAS M., FOR SHRI SHASHIDHARA T.P., ADVOCATES) AND:
1.STATE OF KARNATAKA BY KALASA PS, REPERSENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
2.SURESH S/O MANJAPPA AGED 46 YEARS, R/A KALLARAPAL HORANADU VILLAGE, MUDIGERE TALUK - 577 132 RESPONDENTS (BY SHRI S.CHANDRASHEKARAIAH, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.53/2016 ON THE FILE OF PRINCIPAL SESSIONS JUDGE, CHIKKAMAGALURU, INITIATED AS AGAINST THE PETITIONER FOR OFFENCES PUNISHABLE UNDER SECTIONS 376,306,417,506 AND 201 OF I.P.C VIDE ANEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Petitioner is accused of offences punishable under Sections 376, 306, 417, 506 and 201 of IPC. In this petition, he has sought for quashing of the proceedings in S.C.No.53/2016 pending on the file Principal Sessions Judge, Chikkamagaluru.
3. Shri Vikas M., learned advocate for the petitioner submits that in order to protect the real accused, police have falsely implicated the petitioner as sole accused. The victim is one of the relatives of petitioner. Accordingly, he prays that criminal proceedings against the petitioner be quashed.
4. The records disclose that on an earlier occasion, petitioner was before this Court in Crl.R.P.No.1213/2017 challenging the order passed by the trial Court dismissing his application seeking discharge. After recording the reasons, this Court has held that contention raised by the petitioner requires appreciation of evidence after trial.
5. In the light of the said finding, the solitary ground urged on behalf of the petitioner that he has been falsely implicated in the case is far too fragile to countenance.
6. In the circumstances, the petition fails and is accordingly dismissed. No costs.
Sd/- JUDGE Yn.