IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1585/2016 BETWEEN:
SRI.C.G.DILEEP, S/O.SRI.H.GANGAIAH, AGED ABOUT 35 YEARS, ADVOCATE, NO.826/A, I FLOOR, 5TH MAIN, VIJAYANAGAR, BANGALORE-560040.
... PETITIONER (BY SRI.K.T.GOVINDE GOWDA, ADV.) AND:
1. STATE OF KARNATAKA, CIRCLE INSPECTOR OF POLICE, VYALIKAVAL POLICE STATION, VYALIKAVAL, BANGALORE-560003. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE-560001.
2. SRI GANGANARASE GOWDA, S/O.LATE MARINARASE GOWDA, AGED ABOUT 87 YEARS, 3. SMT.B.JAYAMMA, W/O.SRI.GANGANARASE GOWDA, AGED ABOUT 81 YEARS, RESPONDENTS 2 & 3 ARE RESIDING AT NO.17, 1ST CROSS ROAD, NAGAPPA STREET, PALACE GUTTAHALLI, BANGALORE-560003.
... RESPONDENTS (BY SRI.I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI.K.S.CHANDRAHASA, ADV. FOR R2 & R3) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO EXERCISE ITS INHERENT POWER VESTED IN IT UNDER SEC. 482 OF CR.P.C. AND TO QUASH THE PROCEEDINGS IN CR.NO.14/2016 ON THE FILE OF VIII A.C.M.M., BANGALORE IN SO FAR IT RELATES TO THE PETR.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner and his counsel absent.
2. Heard the learned counsel for respondent Nos.2 and 3 and learned SPP-II for the respondent-State.
3. Petitioner has sought to quash the proceedings initiated against him in crime No.14/2016 on the ground that the allegations made against him do not constitute any of the offence alleged in the FIR.
4. The petitioner has narrated the history of the Civil litigation pending between the parties.
5. A reading of the complaint indicates that the complainant and her husband are the absolute owner in possession of the house property No.17 (Old No.12) situated at 1st cross, Nagappa Street, Palace Guttahalli, Bangalore.
6. The allegation against the present petitioner is that on 18.01.2016 at 9.30 p.m.. the petitioner being the nephew of the daughter-in-law of the complainant threatened the complainant and her husband that if they fail to vacate the house within two days and fail to transfer the said house to accused Nos.1 and 2, he will not allow them to live on the face of this earth.
7. The allegation made against the petitioner attract Section 506 of the IPC. Therefore, the contention of the petitioner that he has been falsely implicated in the case cannot be accepted. The petitioner has not made out any ground to quash the proceedings.
Hence, the petition is dismissed.
Sd/- JUDGE VM