IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.2923 OF 2019 BETWEEN:
1. SRI.N.LAKSHMAN S/O. N.NINGAIAH AGED ABOUT 66 YEARS 2. SMT.S.RAJESHWARI W/O.N.LAKSHMAN AGED ABOUT 60 YEARS 3. SHILPA KISHORE D/O.N.LAKSHMAN AGED ABOUT 31 YEARS SL.NO.1 TO 3 ARE NOW R/AT.1261, 32ND ‘G’ CROSS 28TH MAIN ROAD 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041. ... PETITIONERS (BY SRI.SADASHIVA.D., ADV.,) AND:
1. THE STATE BY THILAKNAGAR POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.
2. SMT.JAYANTHI W/O.SRINIVAS AGED ABOUT 39 YEARS R/AT.NO.1262, 32ND ‘G’ CROSS 28TH MAIN ROAD 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041.
(BY SMT.K.P.YASHODHA, HCGP FOR R1) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.27505/2018 ANNEXURE-A ON THE FILE OF THE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU CITY FOR HAVING TAKEN COGNIZANCE OF CHARGE SHEET FILED BY THE THILAKNAGAR POLICE IN CRIME NO.178/2018 AS PER ORDER DATED 22.08.2018 AS AGAINST THE PETITIONER NO.1 TO 3 FOR THE OFFENCE P/U/S/ 354, 509, 323, 504, 506 R/W.SEC.34 OF IPC, AS ILLEGAL AND CONTRARY TO LAW.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petition, the petitioner has sought for the following reliefs:
“a) Issue, order for quashing the entire proceedings in C.C.No.27505/2018 ANNEXURE-‘A’ on the file of the II Additional Chief Metropolitan Magistrate at Bengaluru City for having taken cognizance of charge sheet filed by the Thilaknagar Police in Crime No.178/2018 as per Order dtd:22.8.2018 as against the Petitioners No.1 to 3 for the offences punishable under Section 354, 509, 323, 504, 506 r/w Sec.34 of the Indian Penal Code, as illegal and contrary to law.
b). GRANT such other relief or reliefs as may deem fit to grant in the facts and circumstances of the case, in the interest of justice.”
2. Having regard to the offences under Section 354, 509, 323, 504 and 506 r/w 34 of IPC, it is not appropriate to interfere with the criminal proceedings initiated against the petitioner and Section 354 of IPC is one of the henious crime and it has to be tested in a trial. Therefore, it is not feasible to interfere with the proceedings at this stage. Supreme Court, time and again has held under what circumstances, petition under Section 482 of Cr.P.C., can be entertained. One of the issue is whether to entertain petition or not in the case of henious crime and only in a special circumstances warrants.
4. Prima facie reading of the complaint, it is evident that there were serious allegations made against the petitioner relating to the aforesaid offence, which are triable offences. Consequently, petitioner has not made out a case. Hence, petition stands dismissed reserving liberty to the petitioner to file approrpriate application seeking discharge before the Competent Court.
In view of disposal of main petition, I.A.No.1/2019 does not survive for consideration. Accordingly, the same stands disposed of.
Sd/- JUDGE HJ