IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.6041 OF 2017 BETWEEN:
1. RANJITH AGED ABOUT 35 YEARS S/O K.C. SIDDAPPA 2. SRINIVASA AGED ABOUT 32 YEARS S/O DASAKARIYAPPA BOTH ARE RESIDING AT MASETANAHALLI VILLAGE DAVANAGERE TOWN DAVANAGERE-577 001 3. ANANDAPPA AGED ABOUT 43 YEARS S/O PARASHURAMAPPA #1879/413, SHEKARAPPA NAGAR B-BLOCK, DAVANAGERE TOWN-577 001 ... PETITIONERS (BY SHRI. M. VINAYA KEERTHY, ADVOCATE) AND:
1. STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE STATION RAMANAGARA REP. BY PUBLIC PROSECUTOR HIGH COURT BENGALURU-560 001 2. MANJU @ MANJAPPA AGED ABOUT 28 YEARS S/O KEPPAHANUMANTHAPPA KADAJJI VILLAGE KASABA HOBLI DAVANAGERE TALUK AND DISTRICT-577 001 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET FILED IN C.C.NO.139/2017 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., RAMANAGARA BY THE RESPONDENT POLICE FOR THE ALLEGED OFFENCES P/U/Ss 337 & 338 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri M. Vinaya Keerthy, learned advocate for the petitioners and Shri Nasrulla Khan, learned HCGP for the State.
2. Respondent No.2-complainant has registered FIR No.65/2016 on 04.03.2016 in Ramanagara Rural Police Station, Ramanagara, for offence punishable under Section 337 IPC alleging that he was injured whilst he was working as a coolie in a petitioners’ factory manufacturing electrical poles. Police, after investigation have filed the charge sheet.
3. Shri M. Vinaya Keerthy, learned advocate for the petitioners urged a solitary contention that the complaint averments are false as there was no negligence on the part of the petitioners which may have resulted in complainant sustaining injuries.
4. Shri Nasrulla Khan, learned HCGP argued in support of the charge sheet.
5. I have carefully considered the rival contentions and perused the records.
6. Police, after investigation have filed the charge sheet alleging commission of offences punishable under Section 338 of IPC. The contention urged before this Court is that there was no negligence on the part of the petitioners. The stand taken by the petitioners requires evidence. In the circumstances, no ground is made out to interfere by exercising power under Section 482 of Cr.P.C. Resultantly, this petition fails and it is accordingly dismissed.
7. In view of the dismissal of the petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV