IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2376/2017 BETWEEN:
SRI HEMANTH S/O JAYAPRAKASHA AGED ABOUT 30 YEARS PROP. SHASHI STUDIO RESIDENT OF BACKSIDE HINDU MAHASABHA GANAPATHI TEMPLE ROAD 4TH CROSS, RIGHT SIDE N.M.C. BHADRAVATHI SHIVAMOGGA DISTRICT PIN 577 301. ... PETITIONER (BY SRI NEHRU P. ADV.) AND:
1. THE STATE OF KARNATAKA OLD TOWN P.S. BHADRAVATHI 577 301 REPRESENTED BY SPP HIGH COURT COMPLEX BENGALURU 560 001.
2. SMT. SATHYAVATHI W/O MOHAN RAO YELLAMMA TEMPLE COMPOUND BUTANAGUDI, OLD SANTE MAIDANA ROAD BHADRAVATHI SHIVAMOGGA DISTRICT PIN 577 301. ... RESPONDENTS (BY SRI S. CHANDRASHEKARAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.30/2017 OF OLD TOWN POLICE STATION, BHADRAVATHI FOR THE OFFENCE P/U/S 363 OF I.P.C. PENDING ON THE FILE OF ADDL.CIVIL JUDGE (JR.DN.) AND J.M.F.C.-II, BHADRAVATHI.
THIS CRIMINAL PETITION COMING FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner arrayed as accused in Crime No.30/2017 registered by the Bhadravathi Old Town Police Station for the offence punishable under Section 363 I.P.C. is before this Court for quashing of said proceedings.
2. It is alleged by the petitioner that, he is a permanent resident of Bhadravathi commanding reputation in the society, married and running a photo studio under the name and style of “Shashi Studios” at Bhadravathi Old Town. On account of sister of the second respondent having gone missing, a complaint has been lodged suspecting petitioner being involved in the said act and as such proceedings initiated against the petitioner is without any basis and is liable to be quashed.
3. Perusal of the complaint would disclose that sister i.e., minor girl Miss Rekha is said to have gone missing from mid night of 19.02.2017 and she was said to be speaking in a public phone booth between 4 and 5 p.m., on 18.02.2017 and apprehending that the petitioner is having a role in the missing of her sister and expressing suspicion against petitioner complaint in question came to be lodged.
4. The matter is still at the investigation stage.
As such observing the petitioner’s consideration of prayer for quashing at this stage is not called. Hence, without expressing any opinion on the merits of the case, petition is dismissed. However, petitioner would be at liberty to challenge the proceedings, in the event, charge sheet being filed against him.
In view of dismissal of the main petition, I.A.No.1/2017 filed for granting stay does not survive for consideration, accordingly it is dismissed.
SD/- JUDGE HR