IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NOS.46524-526 OF 2017(GM-RES) BETWEEN:
1. SRI VIVEKANANDA S/O SHIVANNA GOWDA, AGED ABOUT 58 YEARS 2. SRI SHISHIN S/O VIVEKANANDA, AGED ABOUT 27 YEARS 3. SRI SHRAWAN S/O VIVEKANANDA, AGED ABOUT 26 YEARS ALL ARE R/O KANICHHAR HOUSE ANILKATTE,VITTALA POST BANTWALA TALUK, DAKSHINA KANNADA DISTRICT-575003 (BY SMT: HALEEMA AMEEN, ADVOCATE FOR SRI : S. VISHWAJITH SHETTY, ADVOCATE) AND 1. STATE OF KARNATAKA ... PETITIONERS REPRESENTED BY VITTALA POLICE STATION, BANTWALA TALUK, DAKSHINA KANNADA DISTRICT-575003 2. SRI HONNAPPA S/O LATE RAMANNA GOWDA, AGED ABOUT 44 YEARS 3. SRI GOPALAKRISHNA GOWDA S/O LATE RAMANNA GOWDA, AGED AABOUT 42 YEARS 4. SRI VASANTHA GOWDA S/O LATE RAMANNA GOWDA, AGED ABOUT 40 YEARS RESPONDENTS 2 TO 4 ARE R/O KANICHHAR HOUSE, ANILKATTE,VITTALA POST, BANTWALA TALUK, DAKSHINA KANNADA DISTRICT-575003 ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: SIDDAPA N.C., ADVOCATE FOR SRI: PRASANNA V.R., ADVOCATE FOR R2 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO DIRECT THE COURT OF PRINCIPAL SESSIONS JUDGE, D.K. MANGALURU TO CLUB THE CASE AND THE COUNTER CASE IN CRIME NO.74/15 PENDING BEFORE THE COURT OF JMFC BANTWALA AND S.C.NO.87/2016 PENDING BEFORE THE COURT OF PRINCIPAL SESSIONS JUDGE, D.K.MANGALURU AND TRY THE SAME TOGETHER VIDE ANNEXURE-A AND F.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP 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 Nos.2 to 4.
2. Prayer sought for in the petitions is to quash the case and counter case in Crime No.74/2015 pending on the file of JMFC, Bantwala and S.C.No.87/2016 pending before the Court of Principal Sessions Judge, D.K. Mangaluru.
3. There is no dispute as to the fact that Crime No.74/2015 was filed at the instance of the petitioners in respect of the incident dated 10.5.2015. In respect of the same incident, Crime No.75/2015 was filed at the instance of the second respondent. The same has culminated in the charge sheet for the offences under Sections 307, 326, 504, 341, 506, r/w/34 of Indian Penal Code and the matter is seized by the Principal Sessions Judge, D.K. in S.C.No.87/2016 whereas, Crime No.74/2015 has resulted in ‘B’ summary report which is seized by the learned JMFC, Bantwal. Since both these cases are stated to have arisen in respect of the same transaction, as per the procedure laid down by the Hon’ble Supreme Court in Nathi Lal - vs – State of U.P. (1990 SCC (Cri) 638) which is followed by the Larger Bench of the High Court of Karnataka (Circuit Bench at Dharwad) in State of Karnataka, by Circle Inspector of Police vs. Hosakeri Ningappa and Another (Crl.A.No.971/2005 dated 19.12.2011 reported in ILR 2012 KAR 509), both these matters are required to be tried by the same Court simultaneously by following the procedure laid down in the aforesaid decisions.
4. In view of the above, it is necessary to direct the learned Magistrate to expedite trial and in the meanwhile to stay further proceedings in S.C.No.87/2016 awaiting orders of the learned Magistrate in Crime No.74/2015.
Accordingly, the petitions are allowed. The learned Magistrate dealing with Crime No.74/2015 is directed to expedite the proceedings pending before him regarding the ‘B’ summary report and pass appropriate orders therein within three months from the date of communication of this order. Further proceedings in S.C.No.87/2016 shall be stayed awaiting orders of the learned Magistrate in Crime No.74/2015.
Sd/- JUDGE rs