IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.2659/2019 BETWEEN SRI. RAJESH B S/O BHADRAIAH AGED ABOUT 25 YEARS PRACTICING ADVOCATE R/AT SANENAHALLI VILLAGE GENDAHALLI POST BELUR TALUK, HASSAN DISTRICT PIN-573115.
(BY SRI RAHUL RAI K, ADVOCATE) AND 1 . THE STATE OF KARNATAKA BY BELUR POLICE STATION HASSAN DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING VIDHANA VEEDHI BENGALURU-560 001.
...PETITIONER 2 . SRI POORNESHA S/O HALAPPAGOWDA AGED ABOUT 36 YEARS R/AT SANENAHALLI VILLAGE BELURU TALUK HASSAN DISTRICT PIN-573115.
(BY SRI R D RENUKARADHYA, HCGP) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASHING THE ENTIRE PROCEEDINGS PENDING IN S.C.NO.34/2019 BEFORE THE LEARNED II ADDITIONAL SESSIONS JUDGE, HASSAN FOR THE OFFENCE P/U/S. 143, 147, 148, 504, 114, 307, 324, 323, 506, 326 R/W SEC.149 OF IPC AND ALL FURTHER PROCEEDINGS PURSUANT THERETO.
THIS 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:
“To quash the entire proceedings pending in S.C.No.34/2019 before the learned II Additional Sessions Judge, Hassan for the offences punishable under Sections 143, 147, 148, 504, 114, 307, 324, 323, 506, 326 r/w 149 of IPC and all further proceedings pursuant thereto and grant such other appropriate order or direction as this Hon’ble Court may deem fit to grant in the circumstances of the case, in the interest of justice and equity.”
2. The gist of the allegations levelled against the petitioner in the complaint that the petitioner has abused and threatened the complainant stating that he will won the murder case. Further, in the freefight between the parties, the petitioner has held hand of the complainant and made him to felldown and beat him. Since, the charge sheet has been filed prima facie there are allegations against the petitioner relating to abusing as well as beating. The allegations are triable offences. The petitioner has not made out any grounds. Therefore, no interference is called for.
3. Accordingly, the petition stands dismissed reserving liberty to the petitioner to make necessary application before the Court below to discharge, if any.
Sd/- JUDGE DL