IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.5250 OF 2017 BETWEEN:
1. SRI. SIDDAPPA S/O LATE HANUMANTHAIAH AGED ABOUT 62 YEARS 2. SRI. SHIVANNA S/O LATE HANUMANTHAIAH AGED ABOUT 50 YEARS 3. SRI. HANUMANTHAIAH S/O LATE SIDDAPPA AGED ABOUT 32 YEARS (WRONGLY SHOW IN FIR AS HANUMANTHARAJ) 4. SRI. HANUMAIAH S/O LATE HANUMANTHAIAH AGED ABOUT 68 YEARS ALL ARE RESIDING AT HUSKURU VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE-522 162 ... PETITIONERS (BY SHRI. M.S. VENUGOPAL, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY MADANAYAKANAHALLI POLICE 2. SRI. RAGHAVENDRA REDDY S/O RAMA REDDY RESIDING AT NO. 47/10/1 GURURAJA LAYOUT PADMANABHA NAGARA BENGALURU-560 070 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.242/2017 REGISTERED BY THE RESPONDENT NO.1 POLICE ON THE FILE OF CIVIL JUDGE AND JMFC, NELAMANGALA ON THE COMPLAINT OF RESPONDENT NO.2 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 447, 323, 324, 504, 506 READ WITH 34 OF IPC, BY ALLOWING THIS CRIMINAL PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri M.S. Venugopal, learned advocate for the petitioners and Shri Nasrulla Khan, learned HCGP for the State.
2. Respondent No.2 registered FIR No.242/2017 on 27.05.2017 in Madanayakanahally Police station, Nelamangala, Bengaluru, alleging that the petitioners have abused the complainant and his Managing Director with filthy language and assaulted with a Machete and caused injuries. FIR is registered for the offences punishable under Sections 323, 324, 341, 447, 504 & 506 read with Section 34 of IPC.
3. Shri M.S. Venugopal, learned advocate for the petitioners urged a solitary contention that the complaint allegations are false and therefore this petition may be allowed.
4. Shri Nasrulla Khan, learned HCGP submitted that the investigation is still in progress.
5. I have carefully perused the complaint and considered the submissions of learned advocate for the petitioners and learned HCGP.
6. Complaint averments reveal that the petitioners are accused of assaulting the complainant with a Machete and caused injuries. To vindicate the stand of the petitioners, investigation is necessary. Hence, I see no ground to interfere, at this stage, by exercising power under Section 482 of Cr.P.C. Resultantly, this petition fails and it is accordingly dismissed.
7. In view of dismissal of the petition, I.A.No.1/2017 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV