IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8689/2018 BETWEEN:
SRI. RAMAPPA S/O SUBBANNA AGED ABOUT 45 YEARS HEALTH INSPECTOR GANDSI VILLAGE ARASIKERE TALUK HASSAN DISTRICT.
... PETITIONER (BY SRI. PRAKASH M FOR SRI. NAIK N.R, ADVOCATE) AND:
1. THE STATE OF KARNATAKA STATION HOUSE OFFICER BY ITS BIDADI POLICE STATION BIDADI, RAMANAGARA TALUK & DISTRICT-REP. BY ITS S.P. P. HIGH COURT OF KARNATAKA BANGALORE-1.
2. SMT. ROOPA D.
DEPUTY INSPECTOR GENERAL OF POLICE, HOME GUARDS AND CIVIL DEFENCE, BENGALURU CITY-01, KARNATAKA.
(BY SRI. RACHAIAH S, HCGP) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 PRAYING TO QUASH THE COMPLAINT AND FIR IN CRIME NO.321/2018 REGISTERED BY THE BIDADI POLICE STATION, BIDADI, RAMANAGARA DISTRICT, FOR THE OFFENCE P/U/S 379 OF IPC BY THE PRINCIPAL CIVIL JUDGE (JR.DN.,) AND JMFC COURT RAMANAGARA DISTRICT, RAMANAGARA AGAINST THE PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Prakash M, learned Advocate appearing on behalf of Sri.N.R.Naik for petitioner, Sri. S.Rachaiah, learned HCGP appearing for respondents. Perused the records.
2. Petitioner who has been charged for the offences punishable under Section 379 IPC in Crime No.321/2018 pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC, Ramanagara District, Ramanagara, is seeking for quashing of said proceedings.
3. Having heard the learned Advocates appearing for parties and on perusal of records, it would emerge therefrom that Smt. D. Roopa, Deputy Inspector General of Police for Home guards and Civil Defence, Bangalore City, lodged a complaint on 22.10.2018- Annexure-A alleging that on 21.10.2018 she had visited Innovative Film City and on the said date her mobile (Mobile No.8197991111) had been stolen around 2.00 p.m. and as such she sought for suitable steps being taken for investigating the same and culprits being brought to justice.
4. On registration of said complaint in Crime No.321/2018, jurisdictional Police have investigated and apprehended the petitioner in whose custody the mobile phone was found. The case dairy, which is made available by the learned HCGP has been perused by this Court. Entry relating to 01.11.2018 of the case dairy would disclose that petitioner had appeared in the Gandsi Police Station, Arasikere Taluk, Hassan District, at about 3.50 p.m. and on enquiry by the police, he has informed investigating officer that mobile phone which was seized from him by police had been found by him on 21.10.2018 at Innovative Film City in the seat of toy train which he had visited at the said Innovative Film City along with his family members and he has further stated in his voluntary statement that after getting the lock opened he had inserted his SIM with No.9964833362 and had been using it. The very statement made by the petitioner-accused and the fact that Innovative Film City, which is a public place, being visited by number of visitors and on said date i.e., on 21.10.2018 complainant is also said to have visited and there being probability of said phone having been lost and complainant being a police officer had lodged a complaint on the next date after having made attempts to retrieve the lost phone, would indicate that mobile phone belonging to complainant had been lost by her and on filing the same petitioner had been using the same. Hence, it cannot be gainsaid that petitioner had indulged in theft of said mobile phone. Hence, continuation of the proceeding on the basis of material gathered from the investigation would definitely result in directing the petitioner to undergo the ordeal of trial, which would not end in conviction and as such continuation of proceedings would be an exercise in futility.
Hence, I proceed to pass the following;
ORDER (1) Criminal petition is hereby allowed.
(2) Proceedings in Crime No.321/2018 pending on the file of Principal Civil Judge (Jr.Dn) and JMFC, Ramanagara District, Ramanagara is hereby quashed.
In view of petition having been allowed, I.A.No.1/2018 for stay of proceedings does not survive for consideration, same stands rejected.
SD/- JUDGE DR/RU