IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8160/2015 BETWEEN:
SRI R S JAGADISH S/O SHANKARAPPA AGED ABOUT 31 YEARS OCC: DRIVER R/O NARASAPUR VILLAGE NARSAPUR HOBLI TALUK AND DIST:KOLAR-563 101 ... PETITIONER (BY SRI VEERANNA G TIGADI, ADVOCATE) AND:
STATE OF KARNATAKA REP. BY INSPECTOR OF POLICE KOLAR RURAL POLICE STATION KOLAR-563 101 … RESPONDENT (BY SRI VIJAYAKUMAR MAJAGE, ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 06.11.2015 IN C.C.NO.152/2012 PASSED BY THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, KOLAR AND BY ALLOWING THE APPLICATION UNDER SECTION 311 OF CODE OF CRIMINAL PROCEDURE FILED BY THE PETITIONER BY PERMITTING HIM TO FURTHER CROSS-EXAMINE PW-6 SRI MANJUNATH S/O VENKATARAVANAPPA AND PW-7 SRI T.R.JAYASHANKAR S/O RAMANNA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard learned counsel for petitioner. Perused the petition.
2. Petitioner has sought to set aside the order dated 06.11.2015 passed by the trial court in C.C.No.152/2012 whereby the application filed by petitioner under Section 311 of Cr.P.C. is rejected.
3. When the matter is taken up for hearing, learned Additional SPP appearing for respondent has produced a copy of the judgment dated 30.08.2016 rendered by learned III Additional Senior Civil Judge & JMFC, Kolar in C.C.No.152/2012 whereby petitioner/accused is convicted for the offence punishable under Section 279 of IPC and is sentenced to pay fine of `800/- and in default to serve simple imprisonment for ten days. Further, he is convicted for the offence punishable under Section 338 of IPC and is sentenced to pay fine of `800/- and in default to serve simple imprisonment for ten days. He is also convicted for the offence punishable under Section 304A of IPC and is sentenced to undergo simple imprisonment for six months.
4. The copy of the judgment is placed on record. In view of the disposal of the main case, nothing survives for consideration in this petition. Hence, petition is dismissed.
In view of dismissal of petition, I.A.No.1/2015 filed for stay does not survive for consideration. Accordingly, I.A.No.1/2015 is dismissed.
Sd/- JUDGE hkh.