IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 336 OF 2017 BETWEEN:
1. SRI. KRISHNA MURTHY S/O LATE UGRAIAH AGED ABOUT 53 YEARS, R/O 1ST FOOR, GOKULA, NEAR AUTO STAND UPPARAHALLI MAIN ROAD, TUMKUR - 572 102.
2. SMT. LAKSHMAMMA W/O LATE UGRAIAH, AGED ABOUT 70 YEARS, R/O VASANTA NILAYA, NEAR AUTO STAND, UPPARAHALLI MAIN ROAD, TUMKUR - 572 102. .. PETITIONERS (BY SRI. M.T. NANAIAH., SR. ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY WOMEN POLICE, TUMKUR REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.
2. SMT. SHARADAMMA W/O KANTHARAJU, AGED ABOUT 30 YEARS, R/O VASANTA NILAYA, NEAR AUTO STAND, UPPARAHALLI MAIN ROAD, TUMKUR - 572 102.
... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R-1 R-2 SERVED-UNREPRESENTED) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.144/2016 (CR.NO.45/2016) REGISTERED BY THE WOMEN POLICE, TUMAKURU FOR THE OFFENCES P/U/SS.323,448,354,504,506 R/W 34 OF IPC PENDING ON THE FILE OF II ADDL. SR. CIVIL JUDGE AND J.M.F.C., TUMAKURU.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned Senior counsel appearing for the petitioners and learned Additional SPP for respondent No.1. Respondent No.2 is served and unrepresented.
2. Having regard to the material on record, I do not find it appropriate to quash the proceedings. However, having regard to the contentions urged by the learned Senior Counsel appearing for the petitioners that in respect of the same incident, the petitioners themselves have suffered grievous injuries at the hands of the second respondent and document relied on by the prosecution are not commensurate with the allegations made in the charge sheet, liberty is reserved to the petitioners to seek discharge before the Trial Court on such grounds available in law. Having regard to the above circumstance, the trial Court is directed to expedite trial and conclude the same within an outer limit of six months from the date of receipt of this order.
Accordingly, the petition is disposed of.
Sd/- JUDGE rs