IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION No.6982 OF 2019 BETWEEN:
1. Sri. Sunil Kumar, Son of K.Lingaiah, Aged about 36 years, Residing at No.43, Flat No.337, 17th Cross, Ideal House, Rajarajeshwarinagar, Bengaluru-560 098.
2. Sri. Athmaram, S/o of Sreedhar Bhat, Aged about 34 years, Residing at No.119, 5th ‘E’ Block, Anjanapura, B.D.A. Layout, Bengaluru-560 097. …Petitioners (Sri. A.N.Radha Krishna, Advocate) AND State of Karnataka by, MICO Layout Police, Bengaluru, Represented by the, State Public Prosecutor, High Court Buildings, Bengaluru-560 001. …Respondent (Sri. R.D.Renukaradhya, HCGP) This criminal petition is filed under Section 482 of Cr.P.C. praying to quash the proceedings in C.C.No.6160/2017 on the file of the learned VI Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 3, 4, 5 and 7 of PIT Act and under Section 370(3) & 370(A) of IPC.
This petition, coming on for admission, this day, the Court made the following:
O R D E R Pursuant to the order dated 24.10.2019, learned State counsel was directed to verify whether the present petition is identical to that of decided case, namely, Crl.P.No.6366/2017 decided on 21.11.2017 or not.
2. Learned Counsel for the State fairly submitted that petitioners were customers. In view of the said submission read with the fact, Sections 3, 4, 5 and 7 of PIT Act r/w. Section 370(3) and 370(A) (2) of IPC are not attracted.
3. Accordingly, proceedings in C.C.No.6160/2017 are set aside. Petition stands allowed in terms of the order passed in Crl.P.No.6366/2017.
Sd/- JUDGE cm/-