IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6495/2018 BETWEEN:
1. SRI. MANJUNATHA S/O R. VENUGOPAL AGED 28 YEARS R/AT ADISONNAHATTI VILLAGE, KASABA HOBLI ANEKAL TALUK, BENGALURU RURAL DISTRICT - 560 053.
2. SRI. ROOPESH S/O KRISHNAPPA AGED 23 YEARS R/AT ADISONNAHATTI VILLAGE, KASABA HOBLI ANEKAL TALUK, BENGALURU RURAL DISTRICT - 560 053.
3. SRI. MANJUNATH RAO @ MANJUNATH AGED 22 YEARS S/O RAJENDRA PERMANENT RESIDENT OF MARATHI PALYA KUNIGAL TALUK TUMAKUR DISTRICT - 572 130 PRESENTLY RESIDING AT NO. 405, 2ND MAIN, 96D BUS STOP KAMALANAGARA BENGALURU - 560 079.
4. SRI. RAJESH @ RRAJU S/O BYRAPPA, AGED 22 YEARS PERMANENT RESIDENT OF NINGINA KOPPALU VILLAGE HULIYOORUDURGA POST KUNIGAL TALUK TUMAKUR DISTRICT - 572 130.
PRESENTLY R/AT NO. 307 8TH CROSS, 3RD MAIN KAMALANAGARA BENGALURU - 560 079.
5. SRI. UMESH RAO @ UMESH @ OTI AGED 26 YEARS S/O NARAYANA RAO PERMANENT RESIDENT OF RANOJI PALYA KORATEGERE TALUK TUMAKUR DISTRICT - 572 129.
PRESENTLY RESIDING AT SHIVAPURA NEAR KANNAN BAKERY, PENYA 2ND STAGE BENGALURU - 560 058.
6. SUHAS S/O VENKATESHA AGED 20 YEARS R/AT ADISONNAHATTI VILLAGE KASABA HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT - 560 053.
(BY SRI. S. BALAKRISHNAN., ADVOCATE) AND:
1. STATE BY ATTIBELE POLICE REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001.
... PETITIONERS 2. SRI. MANJUNATHA S/O LATE MUNIYAPPA AGED 50 YEARS R/AT ADISONNAHATTI ATTIBELE HOBLI, ANEKAL TALUK, BENALURU RURAL DISTRICT – 560 053.
(BY SRI. S. RACHAIAH., HCGP FOR R-1;
... RESPONDENTS SRI. SANDEEP C.T., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS INITIATED IN S.C.NO.5005/2018 FOR THE OFFENCE P/U/S 341, 114, 307 R/W 149 OF IPC, PENDING ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL AT ANEKAL.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused in S.C.No.5005/2018 registered by Attibele Police Station for the offences punishable under Sections 341, 114, 307, 506 r/w Section 149 of IPC pending on the file of III Addl. District and Sessions Judge, Anekal, Bangalore Rural, Bangalore, are before this Court for quashing of said proceedings.
2. Today learned Advocates appearing for parties have filed affidavits of second respondent- complainant and first petitioner-accused stating thereunder that disputes between them have been amicably settled. In the respective affidavit filed today complainant has stated that he had not mentioned the names of accused persons while lodging the complaint and regret for stating their names in his further statement and as such he does not intend to proceed against petitioners and he would not be prosecuting his complaint and he is in cordial terms with petitioners- accused persons. He submits that necessary orders may be passed in this regard.
3. Complainant, who is present before Court reiterates the contents of the affidavit filed by him today and submits that out of his own free will, without any force, threat or coercion he has filed said affidavit and he does not intend to prosecute his complaint and he has no objection for quashing the proceedings pending against petitioners. He also states that since he and accused persons are living in cordiality, he does not intend to prosecute his complaint. Learned counsel for the complainant, who has entered appearance on his behalf, has identified the complainant present before the Court and to establish the identity of the party- complainant present before Court he has enclosed photocopy of the identity card issued by the statutory authority to his affidavit. Affidavit of the first accused is also filed, who also states that he has settled the matter amicably with the complainant and petitioners are in cordial terms with second respondent- complainant.
4. In the light of said affidavits filed and when charge sheet material is perused it would indicate that initially when second respondent lodged the complaint on 01.07.2017 names of the accused persons had not been disclosed. However, in his complaint he has stated that he had a strong belief that on account of land dispute with first accused (A1) along with other persons he might have attempted to assault him and as such he had lodged the complaint and jurisdictional police during the course of investigation having recorded the statement of accused persons have filed the charge sheet in C.C.No.1813/2017. On account of Section 307 of Cr.P.C. having been included in the charge sheet, matter came to be committed to the jurisdictional Sessions Court, which resulted in jurisdictional Sessions Court registering said C.C.No.1813/2017 as S.C.No.5005/2018. In fact, in the charge sheet itself it is stated that A-5 is said to have drawn the dragger to assault the complainant. In the wound certificate, which has been placed along with charge sheet material would disclose on its perusal that wounds sustained by C.W.1 i.e., complainant (respondent No.2 herein), are all simple in nature.
5. Thus, even if the allegations made in the charge sheet were to remain uncontroverted, it would not end in conviction of the accused persons for the offence punishable under Section 307 of IPC. As such continuation of proceedings for the offence punishable under Section 307 Cr.P.C. would not be appropriate as said provision is not all attracted. Insofar as, other offences are concerned same being compoundable and petitioners (accused persons) having amicably settled their dispute and complainant have expressed his willingness not to prosecute the complaint lodged by him, if trial is continued, ultimate result would result in complainant turning hostile and thereby there will be acquittal of all accused persons. As such continuation of proceedings against petitioners would be waste of precious judicial time.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in S.C.No.5005/2018 registered by Attibele Police Station for the offence punishable under Sections 341, 114, 307, 506 r/w Section 149 of IPC, on the file of III Addl. District and Sessions Judge, Anekal, Bangalore Rural, Bangalore, is hereby quashed and petitioners are acquitted of said offences.
SD/- JUDGE DR