IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.2381/2015 BETWEEN:
1. Sri.C.M.Lokesh, S/o.Late Sri.C.Mayanna, Aged about 42 years, R/at No.211, 9th Main, 2nd Cross, Nandini Layout, Bengaluru.
2. Sri.C.M.Pranesh, S/o.Late Sri.C.Mayanna, Aged about 31 years, R/at No.158, 1st Floor, 4th Main, 2nd Cross, ITI Layout, Balagangadhar Nagar, Bengaluru-560 056. …Petitioners (By Sri.R.B.Sadasivappa, Advocate) AND:
1. The State of Karnataka, By Jnanabharathi Police Station, Jnanabharathi, Bengaluru, Rep. by the learned Public Prosecutor, High Court Building, Bengaluru-560 001.
2. Smt. P. Devika @ Suma, D/o. Sri. Papanna, Aged about 38 years, R/at No.158, Ground Floor, 4th Main, 2nd Cross, ITI Layout, Mallathahalli, Balagangadharanagar, Bengaluru-560 056. ...Respondents (By Sri.I.S.Pramod Chandra, SPP-II for R-1 Sri.D.Hemanth Kumar, Adv. For R-2) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the FIR in Crime No.70/2015 which is pending on the file of 9th A.C.M.M, Bengaluru City.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioners have sought to quash the FIR registered against them in Crime No.70/2015. The said FIR is registered based on the complaint lodged by the 2nd Respondent namely, the wife of the 1st Petitioner, alleging that on 10.02.2015, when she was in the house, one Venkatesh-Accused No.3 came to her house and threatened her to vacate the house and when she questioned him, Accused No.3 told her that he was sent by Accused Nos. 1 and 2 namely, the petitioners herein.
2. These allegations, apart from being trivial, on the face of it, do not attract the offences under Sections 448, 504, 506, 109 r/w 34 of IPC insofar as the present petitioners are concerned.
3. Though, learned counsel for the 2nd Respondent has tried to persuade this Court that by virtue of Section 109 of IPC, the petitioners herein are also answerable to the charges leveled against them in the FIR, I am not prepared to accept the said submission.
4. There are no allegations nor any materials to show that the petitioners herein either instigated or intentionally abetted the commission of said offences. The entire allegations are based on the threats said to have been issued by Accused No.3. In so far as the present petitioners are concerned, there is nothing in the FIR to substantiate the charge except the self-serving statement of the complainant, which by itself does not establish the offences alleged against the petitioners.
5. Thus on consideration of all the above facts and circumstances, I am of the view that the prosecution of the petitioners for the aforesaid offences is illegal and utter abuse of process of Court and therefore, cannot be allowed to be continued.
6. Accordingly, the petition is allowed. The proceedings initiated against the petitioner in FIR No.70/2015 (C.C.No.12765/2015) pending on the file of 9th Addl.CMM, Bangalore, are hereby quashed. It is made clear that the investigation/trial shall continue only against Accused No.3.
Sd/- JUDGE Srl.