IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7857 OF 2015 C/w.
CRIMINAL PETITION No.8761 OF 2015 IN CRL.P. NO.7857/2015:
BETWEEN:
THIPPESHA O AGE: 41 YEARS S/O. LATE OBBAIAH WORKING JOURNALIST R/O. JATPAT NAGAR CHITRADURGA TOWN – 577 501 …PETITIONER (BY SRI. MANJUNATH K., ADVOCATE) AND:
1 STATE OF KARNATAKA BY VIDHANA SOUDHA POLICE STATION BANGALORE – 560 001 DR. B.R. AMBEDKAR ROAD REP. BY ITS SUB-INSPECTOR OF POLICE 2 SRI. PRADEEP S RAJANAL S/O. SADANANDA RAJANAL MAJOR, WORKING AS DEPUTY SECRETARY FOR EDUCATION DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION KARNATAKA GOVERNMENT SECRETARIAT M.S. BUILDING DR. B.R. AMBEDKAR ROAD BANGALORE – 560 001 ...RESPONDENTS (BY SRI. I.S PRAMOD CHANDRA, SPP-II FOR R1; R2 – SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND FIR BY VIDE DOCUMENT NOS. 1 AND 2 IN CR. NO.44/2013 REGISTERED FOR THE OFFENCES P/U/S. 420, 465, 468, 471 OF IPC ON THE FILE OF THE LEARNED JUDGE 8TH ADDL. C.M.M. COURT, NRUPATHUNGA ROAD, B ANGALORE CITY, BY VIDHANA SOUDHA P.S., AFTER CALLING FOR THE RECORDS AND PERUSING THEM BY ALLOWING THIS PETITION WITH COST.
IN CRL.P. NO.8761/2015: BETWEEN:
1. S. THIPPESWAMY AGED ABOUT 55 YEARS, S/O. LATE SUBBARAYAPPA, RESIDING NEAR REDDY HOSTEL, CHALLAKERE TOWN-577 522, CHITRADURGA DISTRICT.
2. SMT. H. LAKSHMIDEVI W/O. LATE APPAIAH, AGED ABOUT 53 YEARS, RESIDING AT 2ND CROSS, H.B. COLONY, T.R. NAGAR, CHALLAKERE TOWN-577 522, CHITRADURGA DISTRICT.
3. SMT. RANGAMMA W/O. LATE RANGASWAMY, AGED ABOUT 60 YEARS, RESIDING AT NEAR REDDY HOSTEL, CHALLAKERE TOWN-577 522, CHITRADURGA DISTRICT.
4. SMT. H. SOWBHAGYALAKSHMI W/O. SRINIVASULU, AGED ABOUT 56 YEARS, RESIDING AT VALMIKI NAGAR, CHALLAKERE TOWN-577 522, CHITRADURGA DISTRICT.
5. H. ANJANAPPA S/O. LATE SUBBARAYAPPA, AGED ABOUT 63 YEARS, RESIDING AT A.G. ROAD, CHALLAKERE TOWN-577 522, CHITRADURGA DISTRICT.
6. S. VEERABHADRAPPA S/O. LATE SUBBARAYAPPA, AGED ABOUT 48 YEARS, RESIDING AT CHOWLUR AT POST-577 546, CHALLAKERE TALUK, CHITRADURGA DISTRICT.
7. A. VENKATESHAPPA AGED ABOUT 63 YEARS, S/O. LATE ANANTHAPPA, RESIDING AT HOUSING BOARD COLONY, T.R. NAGAR, CHALLAKERE TOWN-577 522, CHITRADURGA DISTRICT. …PETITIONERS (BY SRI. GANGADHAR G.D., ADVOCATE) AND:
1. STATE BY VIDHANA SOUDHA POLICE STATION BANGALORE – 560 001 REPRESENTED BY ITS SUB-INSPECTOR OF POLICE.
2. SRI. PRADEEP S RAJANAL S/O. SADANANDA RAJANAL, MAJOR, WORKING AS DEPUTY SECRETARY FOR EDUCATION, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, KARNATAKA GOVERNMENT SECRETARIAT, M.S. BUILDING, BANGALORE-560 001. ...RESPONDENTS (BY SRI. I.S PRAMOD CHANDRA, SPP-II FOR R1; R2 – SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND FIR BY VIDE DOCUMENT NO.1 AND 2 IN CR.NO.44/2013 REGISTERED FOR THE OFFENCES P/U/S 420,465,468 AND 471 OF IPC ON THE FILE OF VIII A.C.M.M., BANGALORE BY VIDHANA SOUDHA P.S. AFTER CALLING FOR THE RECORDS AND PERUSING THEM BY ALLOWING THIS CRL.P. WITH COSTS.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioners and learned SPP-II for respondent.
2. Petitioners claim to be the working journalists and RTI activists. They obtained certified copies of certain Government records. Some of the pages were alleged to have been inserted in the said file without authority and hence FIR is registered against unknown persons under sections 420, 465, 468 and 471 of IPC. Petitioners herein are not implicated as accused in the above offences.
3. Learned SPP-II submits that since in the complaint it was alleged that certified copies of the file were obtained by the petitioners herein, notice was issued to the petitioners.
4. In the absence of any allegations in the complaint constituting the above offences at this juncture, there is no material to implicate the petitioners in the alleged offences. Nonetheless, the investigating agency cannot be denied of opportunity of investigating into the matter. Since the petitioners herein have obtained certified copies of the documents, it is likely that the leads could be supplied by the petitioner. In the said circumstances, it may be necessary for the investigating agency to interrogate the petitioners. However, the respondent-Police are directed not to register any criminal case against petitioners without collecting reliable material in proof of the involvement of the petitioners in the alleged falsification of records. It is made clear that unless incriminating evidence is collected showing involvement of the petitioners in the alleged offence, FIR shall not be registered against the petitioners. In the event any such material is collected, the Investigating Officer shall obtain permission of the learned Magistrate and thereafter shall proceed against the petitioners in accordance with law. Petitioners shall cooperate in the investigation.
5. Petitions are disposed of in terms of the above order. Liberty is reserved to the petitioners to approach this Court for any further orders.
I.A. No.1/2016 in Crl. P. No.7857/2015 and I.A.
No.1/2015 in Crl. P. No.8761/2015 are disposed of.
Sd/- JUDGE AN/-