IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1401/2013 BETWEEN:
SRI.T.A.NARAYANA GOWDA AGED ABOUT 45 YEARS S/O. LATE ANANTHANARAYANA R/AT. NO.830, 12TH MAIN VINAYAKA LAYOUT NAGARBHAVI 2ND STAGE BENGALURU – 560 027 (BY SRI K.N.PUTTE GOWDA, ADV.) AND:
SRI.PRAVEEN KUMAR SHETTY AGED ABOUT 40 YEARS S/O. LATE VITTAL SHETTY R/AT NO.6, 1ST MAIN ROAD OPP. TO MLA LAYOUT R.T.NAGAR BENGALURU – 560 032.
... PETITIONER …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.5659/2012 PENDING ON THE FILE OF THE VIII A.C.M.M., BANGALORE AND THE PETITIONER BE ACQUITTED FROM THE CHARGES ALLEGED THEREIN.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner.
Respondent is served and unrepresented.
2. Petitioner has sought to quash the proceedings initiated against him in C.C.No.5659/2012 pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bangalore.
3. Respondent herein filed a private complaint under Section 200 of Cr.P.C. seeking action against the petitioner on the ground that the petitioner herein had published defamatory matter against the respondent in “Samaya News” 24 x 7 telecasted on 21.12.2011.
4. Learned counsel for the petitioner submits that the allegations made against the petitioner do not attract the offence under Sections 499 and 500 of IPC. The complainant claims to be a President of Karnataka Rakshana Vedike, the said statement is false; Due to his non-co-operation and Anti- Association activities, the complainant has been removed from the Membership of Karnataka Rakshana Vedike. The complainant submitted a representation before the District Registrar (Societies and Associations), Bangalore Urban District, Bengaluru questioning his removal. The said representation has been rejected and even this Court has upheld the said order.
5. The allegation made in the complaint are that the accused has telecasted defamatory matter against the complainant stating that the complainant has been indulging in extortion. The allegations in this regard find place in paragraph No.4 of the complaint which read as follows:
“The false imputations so telecasted in electronic media concerning the complainant that, the complainant is doing extortion [Roll Calling] to the public general in the name of “Karnataka Rakshana Vedhike” for that so many cases have been registered against the complainant and he is doing to illegally. It is further telecasted that the complainant has given blandishment of money to the close associates of the accused. It is submitted that all these allegations are false and vexatious made with the sale intension of tarnishing the image of the complainant.”
6. These allegations prima-facie attract the ingredients of Section 499 of IPC. Therefore, it cannot be said that the institution of the proceedings against the petitioner is baseless or an abuse of process of Court as contended. Hence, I do not find any justifiable ground to quash the proceedings.
Accordingly, the petition is dismissed.
SD/- JUDGE VM