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.5329 OF 2017 BETWEEN:
1. SRI. SOMEGOWDA S/O SRI. HALEGOWDA AGED ABOUT 61 YEARS 2. SMT. SUSHEELAMMA W/O SRI. SOMEGOWDA AGED ABOUT 52 YEARS BOTH ARE RESIDING AT DASAGOWDANAHALLI VILLAGE MADIHALLI HO, BELUR TALUK HASSAN DISTRICT-573 216 ... PETITIONERS (BY SHRI. S.C. RAGHAVENDRA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY HALEBEEDU P.S. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001 2. LAKSHMAMMA W/O KUMARASWAMY DASAGOWDANAHALLI VILLAGE MADIHALLI HO, BELUR TALUK HASSAN DISTRICT-573 216 3. KUMARASWAMY S/O SRI. HALEGOWDA DASAGOWDANAHALLI VILLAGE MADIHALLI HO, BELUR TALUK HASSAN DISTRICT-573 216 4. SIDDESHA S/O KUMARASWAMY SOPPINAHALLI VILLAGE HALEBEEDU HO, BELUR TALUK HASSAN DISTRICT-573 121 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN S.C.NO.140/2017, PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN FOR THE OFFENCES P/U/Ss 324, 307, 504, 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri S.C. Raghavendra, learned advocate for the petitioners and Shri Nasrulla Khan, learned HCGP for the State.
2. Respondents No.2, 3 and 4 filed FIR No.87/2016 on 21.04.2016 in Halebeedu Police station in Hassan District alleging that the petitioners have assaulted them with a Machete and stones; and caused grievous injuries. Accordingly, FIR has been registered for offences punishable under Sections 307, 324, 504 & 506 read with Section 34 of IPC. Police, after investigation have filed the charge sheet. Learned Sessions Judge has framed charges and trial is at the stage of recording evidence.
3. The solitary ground is urged by the learned advocate for the petitioners that complaint averments do not show any overt-acts on the part of petitioners. Therefore, criminal proceedings against them are unsustainable in law.
4. Shri Nasrulla Khan, learned HCGP arguing in support of the prosecution, pointed out that the complaint averments contains specific overt-acts of both petitioners using a Machete and throwing stones at the complainants with an intention to commit murder.
5. I have carefully considered the submissions of the learned advocate for the petitioners, learned HCGP and perused the records.
6. The complaint averments allege that petitioner No.1 held a Machete on complainant’s wife and petitioner No.2 carried the said Machete. Therefore, the solitary ground urged by the learned advocate for the petitioners that no overt-acts are disclosed in the complaint fails. Therefore, no ground is made out to interfere 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.2/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV