IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.5503 OF 2019 Between:
Sudarshan K.V., Son of Venkategowda, Aged about 28 years, Recorded in FIR As residing at Karimuddanahally Village, Hunsur Taluk, Mysore District – 571 105.
Presently working at Bengaluru And Residing at No.633, Sri.Venkateshwara Homes, Arakere Mico Layout, Bengaluru South Taluk, Bengaluru – 560 076.
(By Sri.Kumar M.N., Advocate) And:
1. State of Karnataka Represented by S.P.P., High Court of Karnataka, Dr. Ambedkar Veedhi, …Petitioner Bengaluru – 560 001.
By Bilikere Police Station.
2. Smt. Mangala, Wife of Narayana, Aged about 41 years, Residing at Karimuddanahally Village, Bilikere Hobli, Hunsur Taluk, Mysore District – 571 602.
3. Shivamma, Wife of Late Sannegowda, Aged about 70 years, Residing at Karimuddanahally Village, Bilikere Hobli, Hunsur Taluk, Mysore District – 571 105.
4. Smt.Kumuda, Wife of late Krishnegowda, Aged about 42 years, Residing at Karimuddanahally Village, Bilikere Hobli, Hunsur Taluk, Mysore District – 571 105.
5. Koushik Gowda, Son of late Krishnegowda, Aged about 24 years, Residing at Karimuddanahally Village, Bilikere Hobli, Hunsur Taluk, Mysore District – 571 105.
(By Sri.Renukaradhya, HCGP) ...Respondents This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quashing the entire proceedings against the petitioner for the alleged offence P/U/S 504, 341, 324, 323, 506 read with Section 34 of the IPC in C.C.No.2088/2014 now renumbered as C.C.No.455/2019 pending on the file of the Principal Civil Judge and JMFC at Hunsur – Annexure – B.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER In this petition, the petitioner has sought for the following reliefs:
“a. Pass an order quashing the entire proceedings against the petitioner for the alleged offences punishable under Sections 504, 341, 324, 323, 506 read with Section 34 of the Indian Penal Code, 1860 in C.C.No.2088/2014 now renumbered as C.C.No.455/2019 pending on the file of Principal Civil Judge and JMFC at Hunsur – Annexure-B.
b. Pass such other order/s as the Hon’ble Court may deem fit in the facts and circumstances of the case, to meet ends of justice.”
2. Learned counsel for the petitioner vehemently contended that the allegations leveled against the petitioner-accused No.3 is that on 12.05.2014, he is alleged to have beaten the complainant - Smt.Kumuda and Smt.Mangala. On this issue, learned counsel for the petitioner pointed out that as on the alleged incident, the petitioner was on duty at Mysuru. To that extent, he has referred to Appointment Letter dated 06.01.2014 (Annexure-C).
3. These are all subject matter of trial. Thus, the petitioner has not made out a case. Accordingly, the petition stands dismissed.
4. At this stage, learned counsel for the petitioner seeks for a direction to the jurisdictional Court to expedite the matter.
5. Having regard to the complaint dated 14.05.2014 read with the fact that it is a family dispute, the Court below is hereby directed to expedite the matter.
With the above observations, the petition stands dismissed.
In view of the disposal of the main petition, I.A.No.1/2019 does not survive for consideration. Accordingly, the same is disposed of.
Sd/- JUDGE dn/-