IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.959 OF 2019 BETWEEN:
1. SRI RAVINDRA.K S/O MALLANNA, AGED ABOUT 41 YEARS, R/O NO.304, HOSAHALLI CROSS, HYDERABAD ROAD, YADAGIRI-585201 2. AMARNATH S/O RANGANNA, AGED ABOUT 34 YEARS, R/O NO.22, 1ST FLOOR, 3RD MAIN ROAD, 5TH CROSS, HOYSALA NAGAR, RAMAMURTHY NAGAR, BENGALURU-560016 3. SHANTH KUMAR S/O MAHALINGAM, AGED ABOUT 26 YEARS, R/O NO.24/2, 4TH CROSS, 3RD MAIN ROAD, SUBEDHAR PALYA, YESHWANTHPUR, BENGALURU-560022 4. VIKRAM N S/O NANDA KUMAR, AGED ABOUT 32 YEARS, R/O NO.45, 1ST B CROSS, KORAMANGALA 8TH BLOCK, BENGALURU-95.
... PETITIONERS (BY SHRI. BHARATH KUMAR.V, ADVOCATE) AND 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, ASHOK NAGAR POLICE STATION BENGALURU-25 REP BY STATE PUBLIC PROSECUTOR, HONBLE HIGH COURT OF KARNATAKA, BENGALURU-01 2. INSPECTOR OF POLICE W & N SQUAD, CITY CRIME BRANCH, BENGALURU-560018.
... RESPONDENTS (BY SMT.K.P.YASHODHA, HCGP) THIS CRL.PETITION IS FILED U/S.482 CR.P.C PRAYING TO (A) QUASH THE FIR BEARING NO.113/2017 DATED 13.03.2017 ALONG WITH THE INFORMATION DATED 13.03.2017 REGISTERED WITH THE RESPONDENT ASHOK NAGAR POLICE STATION AND PENDING ON THE FILE OF THE XLIII A.C.M.M., MAYO HALL, BANGALORE AS AGAINST THE PETITIONERS HEREIN, WHO ARE ARRAIGNED AS ACCUSED NO.13,21,26,28 RESPECTIVELY FOR THE ALLEGED OFFENCES P/U/S 370(3),370A,294,109,120B OF IPC (ANNEXURE VIDE ANNEXURE-A AND A1) AND (B) QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING CRIME BEARING NO.113/2017 REGISTERED WITH THE RESPONDENT NO.1 ASHOK NAGAR POLICE STATION AND PENDING ON THE FILE OF THE I A.C.M.M., BANGALORE AS AGAINST THE PETITIONERS HEREIN WHO IS ARRAIGNED AS ACCUSED NO.13,21,26,28 RESPECTIVELY FOR THE ALLEGED OFFENCES U/S 370(3),370A,294,109,120B OF IPC (ANNEXURE VIDE ANNEXURE-B).
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioners submit that respondent No.2 had visited M/s. Lakshadweep Bar and Restaurant on 12.03.2017. The police raided the said restaurant on the said date and initiated criminal proceedings for offences punishable under Sections 370(3), 370(A)(2), 294, 109 and 120B of IPC.
Petitioners 1 to 4 are customers and shown as accused Nos.13, 21, 26 and 28 respectively.
2. This Court has quashed proceedings in respect of the other accused who were also the customers and similarly placed persons as that of petitioners. Various orders passed by this Court in which criminal proceedings against the other customers are quashed have been annexed to this petition.
3. This Court in Crl.P No.4468/2017 decided on 04.01.2018 has quashed the proceedings against the other customers as recorded in Paragraph No.3 of the said order.
4. Learned High Court Government Pleader does not dispute the facts stated by the learned advocate for the petitioner.
5. Hence, following the decision in Crl.P.No.4468/2017, the proceedings in Crime No.113/2017 registered in Ashok Nagar Police Station and pending on the file of XLIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru for the offences under Sections 370(A)(2), 370(3), 294, 109 and 120B of IPC are quashed so far as the petitioners are concerned.
Accordingly, the petition is allowed.
Sd/- JUDGE ln.