IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.549/2017 BETWEEN:
1. SATISHA M.B. @ SATHISH BYKAMPADI S/O LATE SEENA KARKERA AGED ABOUT 50 YEARS R/AT NO.002, LADYHILL RESIDENCY APARTMENT HILL DELL ROAD LADY HILL CHILIMBI MANGALURU – 575 001.
2. PUSHPARAJ S/O LATE SHIVADASKOTYAN AGED ABOUT 36 YEARS R/AT SUJATHA BUILDING PERAMPALLI ROAD, AMBAGILU SHIVALLI VILLAGE SANTHEKATTE POST UDUPI – 576 101.
... PETITIONERS (BY SRI L. SRINIVASA BABU, ADV.) AND:
1. THE STATE OF KARNATAKA BY SURATKAL POLICE REP. BY SPP HIGH COURT BUILDING BENGALURU – 560 001.
2. GANGADHAR H.
S/O MADAVAPUTRAN HARINAKSHI NIVASA HOSABETTU, KULALI MANGALURU TALUK MANGALURU DISTRICT – 575 001.
(BY SRI S. RACHAIAH, HCGP FOR R1 R2 IS SERVED) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONERS IN CHARGE SHEET NO.2/2015 DATED 21.01.2015 IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, D.K. IN S.C.NO.31/2015 FOR THE OFFENCE P/U/S.302, 307, 326, 115, 120(B) R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioners.
Perused the records.
2. The factual aspects disclose that on 14.05.2013, the petitioners arraigned as accused in Crime No.133/2013 alleged to have committed the accident against the motorcycle on which the complainant by name Gangadhar H. and Basavaraj were traveling. Due to the impact of the accident, the said Basavaraj died and CW.1 - Gangadhar sustained injuries. At the initial stages, the Police could not able to trace the accused persons. Therefore, they filed ‘C’ report before the Court. Subsequently, after tracing of the vehicle, they have recorded statement of the witnesses as well as the complainant and came to know that accused Nos.1 and 2 have made attempts to do away with the life of CW.1 and in that context, the other person by name Basavaraj died in the incident.
3. The Police have recorded the statements of CW.2 – Vinod, CW.3 - Shankar Devadiga and CW.4 – Mohan Devadiga as eye witnesses who have seen the incident and they have also specifically stated that accused No.2 with an intention to do away with the life of CW.1 and deceased Basavaraj have committed such an act to show to the whole world that it is an accident. When such materials are available in the charge sheet papers, the truth and falsity of such statement have to be ascertained during the course of appreciating the materials on record. That cannot be done at this particular stage.
4. Therefore, I am of the opinion there is no case made out to quash the entire charge sheet and the proceedings before the Sessions Court in S.C.No.31/2015. However, if advised, the petitioners are at liberty to make application for their discharge. In that eventuality, the Court has to consider all the materials on record and pass appropriate orders in accordance with law.
With these observations, petition stands dismissed.
I.A.No.1/2017 does not survive for consideration.
Sd/- JUDGE ca