IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7565 OF 2015 BETWEEN:
1. SRI.B.A.MANJUNATH, S/O B.H.ASHWATHNARAYANA, AGED ABOUT 37 YEARS, R/AT NO.13, 24TH CROSS, AZAD NAGAR, NEAR P.J. NEHRU SCHOOL, BANGALORE – 560 018.
2. SRI.B.H.ASHWATHNARAYANA, S/O LATE HANUMANTHAPPA, AGED ABOUT 62 YEARS, 3. SMT. SARASWATHI, W/O B.H.ASHWATHNARAYANA, AGED ABOUT 56 YEARS, BOTH (2) AND (3), R/AT NO.15/16, 7TH CROSS, 5TH MAIN, MARIYAPPANAPALYA, BANGALORE – 560 056.
…PETITIONERS (BY SMT.AKKAMAHADEVI HIREMATH, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY JAGAJEEVANRAMNAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001.
2. SMT. HEMALATHA @ SHRUTHI, W/O B.A.MANJUNATH, AGED ABOUT 27 YEARS, R/AT NO.13, 1ST CROSS, OLD TOLLGATE, MYSORE ROAD, J.J.NAGAR, BANGALORE – 560 056.
... RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL. S.P.P., FOR R1; SRI.H.P.LEELADHAR, ADVOCATE FOR R2 (ABSENT)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER FOR THE OFFENCES ALLEGED UNDER SECTION 323, 506, 498(A) READ WITH 34 OF IPC AND SEC.3 AND 4 OF D.P. ACT IN C.C.NO.17372/2015 DATED 16.07.2015 ON THE FILE OF THE LEARNED III A.C.M.M., BANGALORE, PRODUCED AS ANNEXURE – A.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for respondent No.2 is absent.
Heard learned counsel for the petitioners and learned Additional SPP for respondent No.1. Perused the records.
2. The allegations made in the charge sheet and material produced in support of the accusations made against petitioners do not entitle the petitioners for relief under Section 482 of Cr.P.C.
3. Having regard to the grounds urged in the petition, liberty is reserved to the petitioners to seek discharge before the trial Court on such grounds available under law. Petition is dismissed accordingly.
Sd/- JUDGE VMB