IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.6529 OF 2019 Between:
1. SRI. RAKESH S/O SHANKARE GOWDA AGED ABOUT 37 YEARS, R/AT NO.77, 2ND CROSS, 5TH MAIN ROAD, BANASHANKARI 5TH PHASE POORNAPRAGNA LAYOUT UTTARHALLI MAIN ROAD, BENGALURU – 560 061.
2. SRI. VIKRAM S/O NANDAKUMAR AGED ABOUT 31 YEARS, R/AT NO.60, 1ST CROSS, 2ND MAIN ROAD, 5TH BLOCK KORMANGALA BENGALURU – 560 034 3. SRI. MANJUNATHA S/O NARASIMYHA GOWDA AGED ABOUT 34 YEARS, R/AT NO.26, 2ND MAIN ROAD, SANJEVINI NAGAR, MUDALPALYA VIJAY NAGAR BENGALURU – 560 040.
4. SRI. PRAVEEN KUMAR S/O LATE RAJAPPA AGED ABOUT 30 YEARS, R/AT N G HALLI POST BEHIND GOVT HOSPITAL HOLALKERE TALUK CHITHRADURGA – 577 501.
5. SRI. VASU S/O KHALINGA REDDY AGED ABOUT 37 YEARS, R/AT NO.227/18, VINAYAKA NAGAR, HORAMAVU BENGALURU – 560 043.
6. SRI MANJUNATH S/O GUNDAPPA AGED ABOUT 24 YEARS, R/AT NO.36, NEAR PILLEKAMMA TEMPLE SIDDAPURA BENGALURU – 560 066.
7. SRI. SRINIVAS RAO S/O SUBBA RAO AGED ABOUT 48 YEARS, R/AT NO.4-203, GOLLA PUDI VIJAY WADA DIST ANDRA PRADESH – 502 355.
8. SRI. KOTESHWAR RAO S/O PANKAL RAO AGED ABOUT 43 YEARS, R/AT NO.8-125, PRASANDHAMPAD KRISHNAM DIST., VIJAYAWADA ANDRA PRADESH – 521 101.
9. SRI. K BRAMHAIAH S/O SUBBA RAO AGED ABOUT 46 YEARS, R/AT NO.1-1, H MUTYALAPADAO G KONDARU MANDALA KRISHNA DIST., ANDRAPRADESH – 521 101.
10. SRI. ANIL S/O SUBBA RAO AGED ABOUT 44 YEARS, R/AT NO.104, BRUNDAVAN GARDEN, GUNTUR, ANDRA PRADESH – 522 001.
11. SRI. RAMAKRISHNA S/O SUBBA RAO AGED ABOUT 44 YEARS, R/AT NO.4/6/24, SAMBAL GURU AREA, GUNTUR, ANDRA PRADESH – 522 001.
12. SRI. SUBHASCHANDRA BOSE S/O RANGA RAO AGED ABOUT 41 YEARS, R/AT NO.204, SATHYA SAI NILAYA VIDHYA NAGAR, GUNTUR, ANDRA PRADESH – 522 001.
13. SRI. SRI. N KIRAN KUMAR S/O LATE SREENIVASALU, AGED ABOUT 38 YEARS, R/AT NO.5-2-2A CHINNA BAZAR SRI KAKULA GRAMA & DIST., ANDRA PRADESH – 521 178.
14. SRI THIRUPATHI REDDY S/O NARASIMHA REDDY AGED ABOUT 50 YEARS, R/AT NO.NEAR PATLATUR SANDLI GONDLA GRAMA GUNTUR DIST ANDRA PRADESH – 522 001.
15. SRI. VINOBHA, S/O VARADHAN, AGED ABOUT 40 YEARS, R/AT NO.331, THIRUMALA GIRI, HYDERABAD – 521 178.
16. SRI. SURESH S/O RAMASUBRAMANYAM AGED ABOUT 45 YEARS, R/AT NO.G-2, GREEN FIELD APARTMENT, RINIAS STREET, RICHMOND TOWN, BENGALURU – 560 025.
17. SRI. KRISHNA RAO, S/O KRISHNA PRASADH AGED ABOUT 40 YEARS, R/AT NO.G-2, GREEN FIELD APARTMENT, RINIAS STREET, RICHMOND TOWN, BENGALURU – 560 025.
18. SRI. SUNIL S/O SHANTA RAJ AGED ABOUT 39 YEARS, R/AT NO.836, 4TH CROSS, NEAR CAMBRIDGE COLLEGE, K R PURAM, BENGALURU – 560 016.
…PETITIONERS (BY SRI.BHARATH KUMAR V., ADVOCATE) AND:
1. STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER SAMPANGIRAM NAGAR POLICE STATION BENGALURU – 560 027. REPRESENTED BY STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA BENGALURU – 560 001.
2. POLICE INSPECTOR, CITY CRIME BRANCH, N.T.PET, BENGALURU – 560 018.
(BY SRI.R.D.RENUKARADHYA, HCGP) ...RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO A. QUASH THE FIR BEARING NO.80/2019 DATED 04.08.2019 ALONG WITH THE INFORMATION DATED 03.08.2019 REGISTERED WITH THE RESPONDENT SAMPANGIRAM NAGAR POLICE STATION AND PENDING ON THE FILE OF IX ADDL.C.M.M., BENGALURU WHEREIN THE PETITIONER HEREIN ARE ARRAIGNED AS ACCUSED NO.1 TO 16 FOR THE ALLEGED OFFENCES P/U/S 79 AND 80 OF THE KARNATAKA POLICE ACT AND SECTION 32 AND 34 OF THE KARNATAKA EXCISE ACT (ANNEXED VIDE ANNEXURE – A AND A1) AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioners have sought for the following reliefs:
“a. Quash the FIR bearing No.80/2019 dated 04.08.2019 along with information dated 03.08.2019 registered with the respondent Sampangiram Nagar Police Station and pending on the file of the Hon’ble IX Addl. Chief Metropolitan Magistrate, Bengaluru, wherein, the petitioner herein are arraigned as Accused No.1 to 16, for the alleged offences under Section 79 and 80 of the Karnataka Police Act and Section 32 and 34 of the Karnataka Excise Act (annexed vide Annexure-A and A1).
b. Quash the entire proceedings in matter bearing Crime No.80/2019, pending on the file of the Hon’ble IX Addl. Chief
arraigned as Accused No.1 to 16 for the alleged offences under Section 79 and 80 of the Karnataka Police Act and Section 32 and 34 of the Karnataka Excise Act (annexed vide Annexure-B.
c. Pass any order/s as deems fit to this Hon’ble Court in the interest of justice.”
2. Learned State Counsel was directed to verify whether the present matter is similar to that of Crl.P.No.8396/2017 decided on 06.06.2018 or not.
3. On instructions, it is submitted that the present matter is similar to the aforesaid case. The respondent-police have not taken note of the provisions like Section 155(2) of Cr.P.C before initiation of proceedings under Sections 32 and 34 of Karnataka Excise Act, 1965 read with Sections 79 and 80 of the Karnataka Police Act, 1963.
4. This Court has examined identical matter in Crl.P.No.8396/2017 dated 06.06.2018. Accordingly, the present petition stands disposed of in terms of the order passed in Crl.P.No.8396/2017 dated 06.06.2018 at Annexure-C and FIR bearing No.80/2019 dated 04.08.2019 pending on the file of IX Additional Chief Metropolitan Magistrate, Bengaluru is set aside.
Accordingly, Criminal Petition stands allowed.
Sd/- JUDGE dn/-