IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.9303/2016 BETWEEN:
1. SRI. K.H. SHIVANNA S/O. LATE D. HONNAIAH AGED ABOUT 56 YEARS.
2. SMT. LEELAVATHI C.M. W/O. K.H. SHIVANNA AGED ABOUT 39 YEARS 3. SRI. RAGHUNANDAN S. S/O. K.H. SHIVANNA AGED ABOUT 21 YEARS ALL ARE RESIDING AT NO.53/8, MAGADI MAIN ROAD KAMAKSHIPALYA BANGALORE-560 0793. ... PETITIONERS (BY SRI. RAMESH KUMAR V., ADV. FOR SRI. P.M. NARAYANA SWAMY, ADV.) AND:
1. KAMAKSHIPALYA POLICE STATION VIJAYANAGARA SUB DIVISION BANGALORE CITY-560 079.
2. SRI. K.H. CHANDRASHEKAR S/O. LATE D. HONNAIAH AGED ABOUT 47 YEARS RESIDING AT NO.53/8 KAMAKSHIPALYA MAGADI MAIN ROAD OPPOSITE TO THIRUMALA HOSPITAL BANGALORE-560 079. ... RESPONDENTS (BY SRI. I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI. HARISH PRABHU S., ADV. FOR R2 - ABSENT) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE V ACMM, BANGALORE IN CR.NO.349/2016 DATED 14.08.2016 REGISTERED BY THE 1ST RESPONDENT UNDER SECTIONS 34, 323, 324 OF IPC, VIDE ANNEXURE-B.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for respondent No.2 is absent.
2. Heard learned counsel for petitioners and learned State Public Prosecutor-II for respondent No.1 and perused the records.
3. In this petition, the petitioners have sought to quash the F.I.R. in Crime No.349/2016 registered by the respondent No.1-Police for the offences punishable under Sections 323 and 324 r/w. Section 34 of Indian Penal Code.
4. There are clear allegations in the complaint that the petitioners herein abused and assaulted respondent No.2. The said allegations prima facie attract the offences punishable under Sections 323 and 324 r/w. Section 34 of Indian Penal Code. Hence, this is not a fit to quash the F.I.R.
Accordingly, the petition is dismissed. All contentions urged by the petitioners are left open.
Sd/- JUDGE ST