IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION No.1676/2019 BETWEEN:
1. SRI MANOJ KUMAR S/O. SHANKARNAG AGED ABOUT 22 YEARS RESIDING AT PATALAMMA LAYOUT 2ND MAIN KADUGODI BENGALURU, - 560 067 KARNATAKA 2. R. MUNIRAJU S/O. LATE RAMAIAH AGED ABOUT 60 YEARS R/O. AT 19, 12TH CROSS MTS LAYOUT KENGERI SATELLITE TOWN BENGALURU – 560 060 (BY MS. RAKSHA KEERITANA K., FOR SRI KEMPARAJU, ADVOCATES) AND:
1. STATE OF KARNATAKA BY GUDIBANDE POLICE STATION REP. BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 2. K. GANGI REDDY S/O. LATE NARAYANA REDDY …PETITIONERS AGED ABOUT 60 YEARS YARRAHALLI VILLAGE KASABA HOBLI GUDIBANDE TALUK CHIKKABALLAPURA – 562 101 (BY SRI R.D.RENUKARADHYA, HCGP. FOR R1) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 POLICE IN S.C.NO.73/2018 FOR THE OFFENCES P/U/S 323, 324, 326, 307, 109 R/W. 34 OF IPC PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA ETC.
THIS WRIT PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In the instant petition, petitioners have sought for following relief:-
“Wherefore, it is respectfully prays that, this Hon’ble Court may be pleased to Quash the charge sheet crime in 274/2017 filed by the respondent No.1 police in S.C.No.73/2018 for the offence punishable under Sections 323, 324, 326, 307, 109 R/w 34 of IPC, pending on the file before the Hon’ble Prl. Dirstrict and Session Judge, Chikkaballapura, in the interest of justice and equity.”
2. Offences against petitioners and others are under Sections 323, 324, 307 and 109 read with Section 34 of IPC. Time and again Courts have held that in respect of heinous crime, petition under Section 482 of Cr.P.C. cannot be entertained, even though if there is any dispute relating to the property.
3. Having regard to the offences punishable under Section 323 read with Section 307 of IPC and other Sections quoted are triable offences. Petitioners have not made out a case. Accordingly, petition stands dismissed.
Sd/- JUDGE MH/-