IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6954/2014 Between:
T.Shantharaju S/o Late T.Dasappa, Aged about 55 years, Residing at No.16/7, Meenakshi Layout, Kaalena Agrahara, Bengaluru – 560 083. … Petitioner (By Sri.Shankarappa, Advocate) And:
1. State of Karnataka, Represented by Sub-Inspector of Police, Banneraghatta Police, Bengaluru South Taluk, Bengaluru – 560083.
2. Rajalakshmi, W/o K.N.Chandra Shekar, Aged about 41 years, No.89/16, 14th Main Road, Adarsha Layout, Hongasandra, Begur Road, Bengaluru – 560068. ...Respondents (By Sri.Vijayakumar Majage, Addl. SPP for R.1 Sri.Sudarshan S, Advocate for R.2) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the FIR in Crime No.209/2014 registered by the respondent police, pending before the Additional Civil Judge (Sr. Dn.) and CJM, Anekal, Bengaluru Rural District and etc.
This Criminal Petition coming on for Admission this day, the Court made the following:
O R D E R Petitioner has sought to quash the FIR registered against him in Crime No.209/2014 for the offences punishable under Sections 427, 506, 504, 149, 379 and 447 of IPC.
2. Heard learned counsel for the petitioner and learned Additional SPP appearing for respondent No.1/State. Learned counsel for respondent No.2 is absent.
3. Learned counsel for the petitioner submits that the alleged dispute is purely civil in nature. The petitioner is not involved in any of the incidents alleged in the complaint. He has been falsely implicated in the FIR. Even on earlier occasion, a false complaint was lodged against the petitioner. The petitioner approached this Court by filing a Criminal Petition No.5032/2014 and liberty was reserved to the petitioner to take action as and when any complaint is filed against him. Further, he submits that in respect of the alleged dispute, civil suit is pending in O.S.No.178/2014 and hence, prosecution of the petitioner for the alleged offence is wholly illegal and an abuse of process of the Court.
4. Learned Additional SPP, however, contends that the allegations made in the complaint are purely criminal in nature and prima facie constitute the ingredients of the offences alleged against the petitioner. The matter is under investigation and hence, there is no reason to interfere with the investigation in question.
5. On reading the complaint, I find that clear and direct allegations are made against the petitioner herein alleging criminal trespass. Petitioner is not only named in the complaint but specific overt acts committed by him are also narrated therein. These allegations prima facie constitute the ingredients of the alleged offences. In so far as the Criminal Petition No.5032/2014 filed by the petitioner is concerned, the records indicate that petitioner himself withdrew the said petition and no liberty has been granted to the petitioner to institute any further action. On the other hand, in the said order, liberty is reserved to the petitioner to question the criminal action taken against him if any further criminal proceedings are initiated. In spite of the said order, the petitioner is seen to have been involved in the instance case. He is also a party to the civil suit filed by one Manjunath wherein the complainant is one of the defendant. All these facts clearly indicate that the petitioner has been interfering in the properties of the complainant. The allegations made in the complaint prima facie attract the ingredients of the offences alleged against the petitioner and other accused persons. The matter therefore requires to be thoroughly investigated. As a result, no grounds are made out to quash the proceedings. Accordingly, petition is dismissed.
Sd/-
JUDGE NBM