IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7222 OF 2013 BETWEEN:
1. SRI SREENIVASAIAH S/O LATE KARIYANNA, AGED ABOUT 84 YEARS, RESIDING AT NO. 213, BELLARY ROAD, BANGALORE 560080 2. SRI SURESH S/O SREENIVASAIAH, AGED ABOUT 56 YEARS, RESIDING AT NO. 213, BELLARY ROAD, BANGALORE 560080 3. SMT. SHANTHA SURESH W/O SURESH AGED ABOUT 54 YEARS, RESIDING AT NO. 213, BELLARY ROAD, BANGALORE 560080 4. SMT REKHA W/O UMESH BABU PATEL AGED ABOUT 54 YEARS, RESIDING AT NO. 39/3, 13TH CROSS, 6TH MAIN, MALLESWARAM, BANGALORE 560003 (BY SRI:A.Y.N. GUPTA, ADVOCATE) ... PETITIONERS AND 1. STATE OF KARNATAKA BY POLICE INSPECTOR, MAHILA POLICE STATION, ULSOOR GATE, BANGALORE CITY 560 002 2. SMT BHARATHI Y G W/O SRI PRASAD N NO.2/3, FLAT NO.35 3RD MAIN ROAD, A S C S LAYOUT SANJAYNAGAR BANGALORE 560094 ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: AKSHAY KUMAR JAIN, ADVOCATE FOR SRI: C.K.NANDAKUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.10125/2013 ON THE FILE OF THE VI A.C.M.M., BANGALORE, IN SO FAR AS IT RELATES TO THE PETITIONERS.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioners, learned Additional SPP for respondent No.1 and learned counsel for respondent No.2. Perused the records.
2. Charge sheet is laid against the petitioners herein and other accused under Sections 498A and 506 of IPC. The petitioners herein are shown as Accused Nos. 4 to 7 respectively. The only allegations made against the petitioners is that when the complainant demanded her share in the properties, panchayath was convened and in that background, petitioners herein alleged to have gone near the house of the complainant, abused her and issued threats to her life. Learned counsel for the petitioners prays to quash the proceedings initiated against them in C.C.No.10125/2013.
3. On perusal of the charge sheet and other material in support thereof, the allegations against the petitioners do not constitute the offence under Section 498A of the IPC but would squarely attract the offence under Section 506 of IPC. Hence, the entire charge sheet cannot be quashed. The petitioners are liable to face trial for the offence punishable under Section 506 of IPC.
With the above said observations, the petition is disposed of. Having regard to the contentions urged in the petition, liberty is reserved to the petitioners to seek discharge of the above offences before the Trial Court on such grounds available under law.
Sd/- JUDGE rs