IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5441/2017 BETWEEN:
Sri Thulsidas H.D. S/o. Sri. Dyavappa Aged about 45 years R/o Santhoshnagar Arehalli Town Belur Taluk Hassan District – 573 101 …Petitioner (By Sri C.R. Gopalaswamy, Advocate) AND:
1. State of Karnataka By Arehalli Police Belur Taluk, Hassan District Rep. by State Public Prosecutor High Court of Karnataka Bengaluru – 560 001 2. Sri. Bhaskar Reddy L.B. S/o. Late Sri. Bali Reddy Aged about 44 years R/at No.3303, 13th Cross R.P. Road, Nanjangud Taluk Mysuru District – 571 301 ...Respondents (By Sri Vijayakumar Majage, Addl., SPP for R1; R2 – served and unrepresented) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the FIR vide Cr.No.37/2017 dated 21.02.2017 registered by the Arehalli Police for the offence p/u/s 504, 506, 406, 420 and 379 of IPC and u/S 4(1A) and 21(1) of M.M.R.D. Act, pending on the file of Civil Judge and J.M.F.C., Belur, Hassan District, consequently quash the entire proceedings against the petitioner.
This Criminal petition coming on for hearing, this day, the Court made the following:
O R D E R Heard learned counsel for petitioner and learned Additional SPP for Respondent No.1. Counsel for Respondent No.2 is served and unrepresented.
2. The case of the second respondent/complainant is that the petitioners had taken on lease tipper lorries bearing Regn.Nos.KA-50- 4115, KA-50-3705, KA-50-3711 and KA-09-B-8071 belonging to the complainant on rental basis and in that connection a sum of Rs.15,00,000/- was due by the petitioners and when the complainant approached them and demanded payment thereof, the petitioner herein is alleged to have threatened the complainant.
3. Learned counsel for the petitioner referring to the application filed by the wife of the complainant seeking interim custody of the aforesaid lorries submitted that the averments made in the complaint, on the face of it are false and contrary to the records. The complainant is not the owner of any of the aforesaid tipper lorries. In the said circumstances, the complainant approaching the petitioner and demanding arrears of rent does not arise at all.
4. On going through the material on record, it is noticed that the lorries in question were seized in the aforesaid proceedings and the application was filed by the wife of the complainant seeking interim custody of three tipper lorries which indicate that the complainant was not the owner of the said lorries. In the said circumstances, allegation made in the complaint that when the complainant had been to the accused-petitioner herein demanding balance charges due to him the alleged incident has taken place is difficult to believe. The allegations of threat and abuses are made in the complaint only to make out the ingredients of criminal offences. The facts and circumstances discussed above go to show that the complaint is false and motivated and does not call for investigation into the alleged offences.
5. For the above reasons, petition is allowed.
The FIR vide Crime No.37/2017 dated 21.02.2017 registered by the Arehalli Police, pending on the file of the Civil Judge and JMFC, Belur, Hassan District is quashed.
Sd/- JUDGE *alb/-.