IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7092 OF 2017 Between:
1. Sri. Kapil Varma, S/o Late Group Captail J.C.Varma, Aged about 50 years, 2. Smt. Rama Chari Varma, W/o Sri.Kapil Varma, Aged about 48 years, Both petitioners residing at, No.158, Prestige Ozone, Hagadur Road, Whitefield, Bengaluru-560 066. ... Petitioners (By Sri. Krishna.S.B, Advocate) And:
1. State of Karnataka, Rep. by Whitefield Police Station, Whitefield, Bengaluru-560 094, Rep. by State Public Prosecutor.
2. Sri.Babu S/o. Fayaz Aged about 32 years, Residing near Shani Mahatma Temple, Suleman Layout, White Field, Bengaluru-560 066. ... Respondents (By S. Chandrashekaraiah, HCGP for R1) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the proceedings in pursuance of the complaint filed by the respondent in Crime No.200/2017 which is pending before the II A.C.J.M., Bengaluru Rural District, Bengaluru.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER Heard Sri.S.B.Krishna, learned counsel appearing for petitioners and Sri.S.Chandrashekaraiah, learned High Court Government Pleader appearing for the State.
2. Respondent No.2 herein has lodged a complaint on 27.05.2017 alleging he was ekeing out his livelihood by claiming carpentry work and had agreed to work at petitioners Villa bearing No.158 situated at Prestige Ozone and for said purpose, petitioners had agreed to pay Rs.25,000/-. In pursuance of same, an advance amount of Rs.12,000/- was paid by way of cheque, which was encashed by him. Materials worth Rs.3,000/- was purchased and Rs.3,000/- was paid to labourers and inspite of doing the work, petitioners forced him to refund Rs.6,000/- out of Rs.12,000/-. When he questioned them on 24.05.2017 at 11.00 A.M for return of carpentry materials, petitioners refused to return the same and have assaulted him by using lati, thereby, caused injury below left eye of his face. Complaint so lodged has been registered in Crime No.200/2017 which is pending before II Additional Chief Judicial Magistrate, Bengaluru.
3. Learned Government Advocate has made available the records and on perusal of Wound Certificate dated 26.05.2017 issued to 2nd respondent would disclose that he had sustained Periorbital Oedima swelling and tenderness. Prima-facie allegations made in the complaint discloses the offence against the petitioners.
No ground to quash the proceedings. Hence, criminal petition is rejected.
Consequently, I.A.No.1/2017 for stay is rejected.
Sd/- JUDGE UN