IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.6221 OF 2019 BETWEEN:
1. SRI S.MARUTHI S/O. SHIVAPPA AGED ABOUT 56 YEARS WORKING AS ASSISTANT RESERVE SUB-INSPECTOR 8TH BATTALION, K.S.R.P., D-COMPANY MACHENAHALLI, NIDIGE POST MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY SHIVAMOGGA-577 222.
2. SR.A.K.NINGAPPA S/O. GUDDAPPA AGED ABOUT 53 YEARS WORKING AS FOLLOWER-06 8TH BATTALION, K.S.R.P., B-COMPANY MAHENAHALLI, NIDIGE POST MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY SHIVAMOGGA-577 222.
3. SRI.A.N.PANCHAKSHARI S/O. LATE NAJUNDAPPA AGED ABOUT 58 YEARS WORKING AS HEAD CONSTABLE - 57 8TH BATTALION, K.S.R.P., D-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
4. SRI.A.K.KENCHAPPA S/O. SANNA CHANNAPPA AGED ABOUT 53 YEARS WORKING AS HEAD CONSTABLE-172 8TH BATTALION, K.S.R.P., E-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
5 . SRI B R KUMAR S/O RAMAPPA AGED ABOUT 51 YEARS WORKING AS FOLLWER JAMEDAR-3 8TH BATTALION, K.S.R.P B-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
6 . SRI B K RAJU S/O B S KRISHNAMURTHY AGED ABOUT 53 YEARS WORKING AS HEAD CONSTABLE-24 8TH BATTALION, KSRP HQ COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
7 . SRI D JAYANNA S/O DUGGAPPA AGED ABOUT 52 YEARS WORKING AS HEAD CONSTABLE-84 8TH BATTALION, KSRP, D-COMPANY, MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
8 . SRI D S GURURAJA S/O SHIVAPPA GOWDA AGED ABOUT 45 YEARS WORKING AS POLICE CONSTABLE-64 8TH BATTALION KSRP, A-COMPANY, MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPETATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
9 . SRI D V KRISHNAMURTHY S/O VENKATAPPA AGED ABOUT 51 YEARS WORKING AS HEAD CONSTABLE-191 8TH BATTALION, KSRP, D-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
10 . SRI G GANGADHAR S/O. GANGAPPA AGED ABOUT 49 YEARS WORKING AS FOLLOWER-4 8TH BATTALION, KSRP, A-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPETATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
11 . SRI GOVINDAPPA S/O KARIYAPPA AGED ABOUT 61 YEARS RETIRED FOLLOWER-41, MEMBER 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY R/AT 7TH CROSS, BAPUJINAGARA SHIVAMOGGA-577 222.
12 . SRI H N CHANDRA NAIK S/O NAGANAIK AGED ABOUT 47 YEARS WORKING AS HEAD CONSTABLE-21 8TH BATTALION, KSRP, HQ-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
13 . SRI H D BASAVARAJ S/O SIDDAPPA AGED ABOUT 55 YEARS WORKING AS HEAD CONSTABLE-5 8TH BATTALION, KSRP, E-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
14 . SRI H KALLESHAPPA S/O VARAKERAPPA AGED ABOUT 48 YEARS WORKING AS HEAD CONSTABLE-248 8TH BATTALION, KSRP, HQ-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
15 . SRI HEMANTH KUMAR S/O VEERABHADRACHARI AGED ABOUT 43 YEARS WORKING AS POLICE CONSTABLE-138 8TH BATTALION, KSRP, B-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
16 . SRI HEMLA NAIK S/O ACHANAIK AGED ABOUT 56 YEARS WORKING AS HEAD CONSTABLE-196 8TH BATTALION, KSRP, HQ-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
17 . SRI K MANJAIAH S/O RAMAIAH AGED ABOUT 57 YEARS WORKING AS HEAD CONSTABLE-208 8TH BATTALION, KSRP, C-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
18 . SRI K G NAGAPPA S/O GUTHYAPPA AGED ABOUT 58 YEARS WORKING AS ARSI 8TH BATTALION, KSRP, D-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
19 . SRI K H JAYAPPA S/O HALAGAPPA AGED ABOUT 54 YEARS WORKING AS FOLLOWER JAMEDAR-17 8TH BATTALION, KSRP, HQ-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
20 . SRI K N RAMACHAR S/O K R NAGARAJ AGED ABOUT 60 YEARS RETIRED ARSI, MEMBER 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY R/AT NORTH TEMPLE STREET, BELURU HASSAN DISTRICT-573 201.
21 . SRI K P GHASTAR S/O LATE PUTTAPPA AGED ABOUT 53 YEARS WORKING AS HEAD CONSTABLE-149 8TH BATTALION, KSRP, F-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
22 . SRI K S CHANDRAPPA S/O SIDDARAMAPPA AGED ABOUT 44 YEARS WORKING AS HEAD CONSTABLE 4TH KSRP, KORAMANGALA MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY BANGALORE.
23 . SRI K MANJUNATH CHIMANEKAR S/O KRISHNAIAH CHEMANEKAR AGED ABOUT 53 YEARS WORKING AS FOLLOWER NO.7 8TH BATTALION, KSRP, D-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
24 . SRI MULLYA PERYA NAIK S/O RAMA NAIK AGED ABOUT 55 YEARS WORKING AS HEAD CONSTABLE-193 8TH BATTALION, KSRP, D-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
25 . SRI NAGARAJA S/O KANIMAPPA AGED ABOUT 45 YEARS WORKING AS ARSI 8TH BATTALION, KSRP, D-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
26 . SRI P R JAYARAM S/O RANGAPPA AGED ABOUT 61 YEARS RETIRED RESERVE SUB-INSPECTOR R/AT GHANA NILAYA MEMBER, 8th BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY LEFT-5TH CROSS, MALAVAGOPPA, SHIVAMOGGA-577 222.
27 . SRI R SHANMUKHAPPA S/O RAMAPPA AGED ABOUT 52 YEARS WORKING AS HEAD CONSTABLE-100 8TH BATTALION, KSRP, A-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
28 . SRI R P LAKSHMANA S/O PENNAIAH AGED ABOUT 35 YEARS WORKING AS POLICE CONSTABLE-98 8TH BATTALION, KSRP, HQ-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
29 . SRI S T NAGESHAPPA S/O THIPPANNA AGED ABOUT 55 YEARS WORKING AS HEAD CONSTABLE-111 8TH BATTALION, KSRP, B-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
30 . SRI VENKATARAMU S/O RAMEGOWDA AGED ABOUT 55 YEARS WORKING AS HEAD CONSTABLE-258 8TH BATTALION, KSRP, HQ-COMPANY MEMBER, 8TH BATTALION EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MACHENAHALLI, NIDIGE POST SHIVAMOGGA-577 222.
... PETITIONERS (BY SRI H.J.ANANDA, ADV.,) AND:
SRI.ANIL KUMAR M.K. S/O.LATE M.R.KIRSHNAPPA AGED ABOUT 43 YEARS WORKING AS CONSTABLE KSRP, 1ST BATTALION, RICHMOND ROAD R/AT.NO.75, HEGDE DEVANAPURA, ALUR POST DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 562 123 …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.808/2018 ON THE FILE OF J.M.F.C.-III COURT, SHIVAMOGGA FOR THE OFFENCES P/U/S 120(B) AND 500 OF IPC ANNEXURE-A AND ETC., THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this petition, the petitioners have prayed for the following reliefs:
“i) Call for records in C.C.No.808/2019 from the Court of the Hon’ble JMFC III Court at Shivamogga.
ii) Quash the entire proceedings against these petitioners in C.C.No.808/2018 on the file of the Hon’ble JMFC III Court at Shivamogga for the offences punishable under sections 120B and 500 of IPC Annexure-A in the interest of Justice and Equity.
iii) Pass any other appropriate Order as this Hon’ble Court may deem fit, in the facts and circumstances of the case, including the cost of this Petition, in the interest of justice and equity.”
2. Petitioners and complainant were collegues in the KSRP 8th Bettalion and they have socieity called as K.S.R.P. Employee Credit Co-operative Society, Machenahalli, Shivamogga. The complainant was elected as President of the said society during the intervening period from 2011 – 2014. During which period, the petitioners have addressed a complaint to the A.D.G.P, K.S.R.P. alleging that the complainant being the President of the Society, has mis-appropriated funds of the society. On the basis of the said complaint, the matter was investigated by the competent authority and found that the complainant had not misappropriated the funds of the society. Based on such finding, the complainant has presented a private complaint against the petitioners alleging that the petitioners have tarnished the image and reputation of the complainant in the society.
3. In this backdrop the learned counsel for the petitioners submitted that during the pendency of the complaint, the petitioners’ service benefit have been withheld. Therefore, they sought for quashing of proceedings in C.C.No.808/2018.
4. Having regard to the allegations stated in PCR No.49/2018, it is a matter of trial. Hence, no interference is called for. Accordingly, the pettiion stands dismissed, reserving liberty to the petitioners to make necesssry aplication seeking discharge if any. Having regard to the status of the petitioners that they are employees of the Karnataka State Reserve Police (KSRP), during the pendency of the criminal proceedings, their service benefits are likely to be withheld/postponed, therefore, the Court below is hereby directed to expedite the matter.
In view of dismissal of main petition, I.A.No.1/2019 does not survive for consideration. Accordingly, the same stands disposed of.
Sd/- JUDGE HJ