IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.8547 OF 2018 BETWEEN :
SRI.J.PEERYA NAIK S/O.JAYARAMA NAIK AGED ABOUT 48 YEARS PRESENTLY WORKING AS SENIOR ASSISTANT FINANCE DEPARTMENT, KUVEMPU UNIVERSITY BHADRAVATHI SHIMOGA DISTRICT – 577 201.
... PETITIONER (BY SHRI.NAVEEN J.N., ADVOCATE) AND :
THE STATE OF KARNATAKA BY ITS RURAL POLICE STATION BHADRAVATHI SHIMOGA DISTRICT – 577 201 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.
... RESPONDENT (BY SMT.K.P.YASHODHA, HCGP) . . . .
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.457/2016 (A.17) ON THE FILE OF THE ADDITIONAL SR. CIVIL JUDGE AND J.M.F.C. BHADRAVATHI, MARKED AT ANNEXURE-A IN CRIME NO.120/2012, IN RESPECT OF THE PETITIONER FOR THE OFFENCE P/U/S 109, 120B, 408, 417 OF IPC AND SECTION 120, 121 OF KARNATAKA EDUCATION ACT, 1983 AND ETC., THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Naveen J.N., learned Advocate for petitioner and Smt. K.P.Yashodha, HCGP for respondent-State.
2. Petitioner has challenged criminal proceedings initiated in C.C.No.457/2016 (Crime No.120/2012) on the file of Additional Senior Civil Judge & JMFC, Bhadravathi, for offences punishable under Sections 109, 120-B, 408, 417 of IPC and Sections 120, 121 of Karnataka Education Act, 1983.
3. First respondent has filed a complaint in FIR No.120/2012 dated 15.05.2012 in Bhadravathi Rural Police Station. Petitioner’s name was not found in the FIR. After investigation, charge sheet has been filed against 111 accused and petitioner has been shown as accused No.17.
4. Petitioner is presently working as Senior Assistant in Kuvempu University. He has challenged the charge sheet mainly on the ground that sanction was not obtained by the State. This Court in CrL.P.No.3361/2015 has quashed criminal proceedings against accused No.14 on the ground that sanction was not obtained, by recording thus:-
“4. Learned High Court Government Pleader, on instructions, submits that sanction has not been obtained. In the circumstances, prosecution against the petitioner is unsustainable. Hence, proceedings in C.C.No.2769/2012 on the file of III Additional Civil Judge & JMFC, Bhadravathi, are quashed qua the petitioner. However, liberty is reserved to the State to take necessary sanction and proceed if permissible in law and if so advised.”
5. Learned Advocate for the petitioner submitted that petitioner’s case is also similar to the one in Crl.P.No.3361/2015. Accordingly, he prayed for allowing this petition.
6. Learned HCGP in his usual fairness submitted that the State has not obtained sanction and does not dispute the facts stated by the learned advocate for the petitioner. Hence, the following:-
ORDER (i) Petition is allowed.
(ii) Criminal proceedings in C.C.No.457/2016 pending on the file of III Additional Civil Judge and JMFC, Bhadravathi, are hereby quashed insofar as petitioner is concerned.
However, liberty is reserved to the State to take necessary action and proceed, if permissible in law and if so advised.
No costs.
Sd/- JUDGE VMB