IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITIONS No.21686-21688/2019 & 21736-21739/2019 (GM-RES) BETWEEN :
1. SRI. T.M. BASAPPA S/O LATE T.K. MAHADEVAPPA @ MADAPPA AGED ABOUT 66 YEARS RESIDING AT CHIKKAGANGOOR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 2. SMT. NEELAMMA W/O T.M. BASAPPA AGED ABOUT 58 YEARS RESIDING AT CHIKKAGANGOOR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 3. SRI. T.B. RUDRESHA S/O T.M. BASAPPA AGED ABOUT 35 YEARS RESIDING AT CHIKKAGANGOOR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 4. SMT. JAYAMMA W/O LATE SRI. CHANNABASAPPA AGED ABOUT 69 YEARS RESIDING AT CHIKKAGANGOOR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 5. SRI. T.C. KUMARASWAMY @ KUMARAPPA S/O LATE SRI. CHANNABASAPPA AGED ABOUT 49 YEARS RESIDING AT CHIKKAGANGOOR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 6. SRI. T.C. CHANDRASHEKARAPPA S/O LATE SRI. CHANNABASAPPA AGED ABOUT 43 YEARS RESIDING AT CHIKKAGANGOOR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 7. SRI. T.C. REVANASIDDAPPA S/O LATE SRI. CHANNABASAPPA AGED ABOUT 45 YEARS RESIDING AT CHIKKAGANGOOR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 …PETITIONERS (BY SHRI. H.M. VISHWANATH, ADVOCATE) AND :
1. STATE BY CHANNAGIRI POLICE STATION CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 REPTD. BY HIGH COURT OF KARNATAKA, GOVT. PLEADER HCGP, BENGALURU 2. SMT. BHAGYA G.P W/O KALLESHAPPA T.M AGED ABOUT 37 YEARS RESIDING AT CHIKKAGANGOOR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT 577 213 ... RESPONDENTS (BY SHRI. K. NAGESHWARAPPA, HCGP FOR R-1) . . . .
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRL.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.424/2018 (CRIME NO.177/2018) ON THE FILE OF THE CIVIL JUDGE AND JMFC, CHANNAGIRI, PRODUCED AT ANNEXURE-E AS ILLEGAL.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Second respondent filed a complaint on 06.04.2018 alleging that the petitioners had abused and assaulted her and also demolished the cattle stable. Accordingly, FIR No.177/2018 was registered on 06.04.2018 in Channagiri Police Station, Davanagere. Police after investigation have filed charge sheet.
2. Shri.Vishwanath H.M. learned Advocate for petitioners has urged following grounds in support of this petition:
that the instant complaint is a counter blast to the complaint given by the petitioners against the second respondent and her family members in FIR No.135/2018;
that police have not produced any ‘Wound Certificate’ to substantiate the allegation that petitioners have assaulted the complainant;
that in the charge sheet filed in C.C. No.309/2018 filed against second respondent and her family members, a Medical Certificate has been annexed which prima facie shows that petitioners had suffered injuries.
3. Learned HCGP argues in support of the charge sheet.
4. I have carefully considered the rival contentions and perused the records.
5. This is a case in which both the petitioners and family members of second respondent have got FIRs registered against each other. A careful perusal of the complaint shows that complainant had obtained a temporary injunction in O.S. No.202/2017. It also discloses that complainant was assaulted and the cattle stable was destroyed. These are matters of fact. The plea of innocence urged on behalf of the petitioners can be proved only after trial. In the circumstances, no grounds are made out to interfere by exercising power under Section 482 Cr.P.C.
6. Resultantly, these petitions must fail and they are accordingly dismissed.
No costs.
Sd/- JUDGE SPS