IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.6426/2017 BETWEEN SRI A S GIRI GOWDA S/O ADVIVAPPA SHIVAYA GIRIGOWDAR, AGED ABOUT 56 YEARS, R/O RATHNAKARA NAGARA, MUTTODU CROSS, SHIVAMOGGA-560201.
(BY SMT USHA M.V, ADV.) AND 1. THE STATE OF KARNATAKA BY SUB INSPECTOR OF POLICE, SHIVAMOGGA RURAL POLICE STATION, SHIVAMOGGA REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560009.
2. LOKESHA S/O RAMA BHOVI AGED ABOUT 35 YEARS, R/AT SIDLIPURA VILLAGE, SHIVAMOGGA (T) & DISTRICT-20.
...PETITIONER …RESPONDENTS (AMENDED AS PER COURT ORDER DATED: 29.11.2018) (BY SRI MAHESH SHETTY, HCGP FOR R1, R2-SERVED.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE C.C.312/2016 FINAL REPORT/SET ASIDE THE ORDER DATED 27.12.2016 PASSED BY THE III ADDITIONAL SESSIONS JUDGE, SHIVAMOOGGA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner and the learned HCGP.
2. Petitioner is before this Court being aggrieved by the order dated 05.05.2016 passed by the Court of Senior Civil Judge & CJM, Shivamogga, in C.C.No.312/2015 and the order dated 27.12.2016 passed by the III Addl. Sessions Judge, Shivamogga, whereby the plea of accused no.1 for discharge has been rejected.
3. It is relevant to note that accused nos.1 & 2 are husband and wife and accused no.3 is their son. The gist of the complaint is that accused nos.1 to 3 had executed an agreement in favour of the complainant, whereby they had agreed to sell a residential house and two other sites measuring 30’ x 50’ situated at Mathodu village, Vinobhanagar, Shivamogga, for a total consideration of Rs.31 lakhs and Rs.16 lakhs, respectively. That the complainant had paid nearly Rs.45 lakhs and despite repeated requests, the accused had avoided completing sale transaction on one pretext or the other. That the agreement was executed by accused nos.1 to 3 on 09.04.2012, but subsequently, under another agreement dated 02.07.2012, the accused entered into one more transaction with one Anup Kumar in respect of the same property. It is also alleged that the accused had executed one more agreement of sale dated 21.09.2010 in favour of another third person by name Manoj Kumar with regard to the property that they had agreed to transfer and convey in favour of the complainant.
4. The Court of CJM taking into consideration the nature of allegations that prima facie did not reveal the commission of offences by accused no.3, was pleased to discharge accused no.3 and rejected the prayer of accused nos.1 & 2 for discharge. Aggrieved by the same, revision petitions were preferred. The Revisional Court i.e., III Addl.
Sessions Judge, Shivamogga, by common order dated 27.12.2016 has been pleased to allow Crl.Rev.Petn.No.58/2016 by discharging accused no.2 from the offence punishable under Section 420 read with 34 IPC, and rejected Crl.Rev.Petn. No.59/2016 filed by accused No.1. The Revisional Court while rejecting the revision petition of accused no.1 has prima facie concluded that the entire exercise has been carried out by accused no.1. The courts below on careful consideration of the material on record have concluded that prima facie, the charge against accused no.1 appears to be well-founded.
5. Learned Counsel for the petitioner would contend that the matter is of civil nature and if the complainant is aggrieved, it was open for him to approach the Civil Court for appropriate relief and the complainant could not have sought for remedy by way of initiation of criminal proceedings.
6. Prima facie, the orders disclose judicious application of mind. The courts below after adverting to the material on record, have concluded that prima facie material is available to try the case. The orders having been passed with reference to the material on record, this Court does not find any ground which would warrant interference at the hands of this Court. Hence, petition stands dismissed without being admitted.
Sd/- JUDGE KK CT-HR