IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.796/2018 BETWEEN:
SMT.UMA DEVI T.S. W/O. NARASAPPA S.N. AGED ABOUT 36 YEARS R/AT NO.139, YALADUR VILLAGE HOBLI, SRINIVASAPURA TALUK KOLAR DISTRICT- 563 138 ... PETITIONER (BY SRI G.A.SRIKANTE GOWDA, ADVOCATE) AND:
1. KRISHNARAJA POLICE STATION MYSURU CITY REP. BY THE STATE OF KARNATAKA STATE BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU- 560 001 2. SMT.MANJULA W/O. M.H.KEMPAIAH R/AT NO.343, HALE BANDIKERE K.R.MOHALLA, MYSURU- 570 001 …RESPONDENTS (BY SMT.K.P.YASHODHA, HCGP FOR RI) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.214/2015 PENDING ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M. MYSORE IN SO FAR AS IT RELATES TO PETITIONER/ACCUSED NO.5.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R One Manjunath gave an advertisement in paper stating that he would arrange loans for ‘Sthree Shakthi Sangas’.
2. Respondent No.2 filed a first information report in Crime No.89/2015 stating that she is connected with five sthree sanghas namely Gayathri sanga, Chamundeshwari sanga, Tripurasundari sanga, Prathiba sanga and Mallikarjuna sanga. It is further averred that in response to the advertisement given by Manjunath, she visited his office.
3. As per the instructions of Manjunath, complainant allegedly paid Rs.2,50,000/-. Thereafter, said Manjunath has locked his office and disappeared. Accordingly, she has filed the instant complaint seeking action against him. Police after investigation have filed charge sheet against five accused persons in which petitioner has been shown as accused No.5.
4. It is alleged in the charge sheet that accused Nos.2, 3, 4 and 5 were seen in the office of accused No.1 Manjunath and they were claiming themselves as his assistants. No material is placed on record along with charge sheet to substantiate this aspect. However, it suggests that they were present in the office of Manjunath.
5. Sri G.A.Srikante Gowda, learned Advocate submits that though the petitioner has been shown as accused No.5, no material has been placed by the prosecution along with charge sheet which suggests that petitioner is involved in the offence.
6. On the other hand, in his statement, accused Manjunath has stated that he has collected Rs.12,50,000/- from the petitioner. Thus, petitioner herself is one of the victims of fraud committed by accused No.1 Manjunath.
7. Learned HCGP in her usual fairness submits that there is no document or statement suggesting complicity of the petitioner annexed to the charge sheet. I have carefully considered the submission of the learned advocate for the petitioner, learned High Court Government Pleader and perused the records.
8. Admittedly, no material is placed by the prosecution along with charge sheet which may suggest that petitioner is involved in the offences. Hence, no useful purpose would be served by continuing criminal proceedings against the petitioner. Hence, this petition merits consideration.
9. In the light of above discussion, this petition is allowed. Criminal proceedings in C.C.No.214/2015 pending on the file of I Additional Senior Civil Judge and C.J.M., Mysuru are quashed insofar as the petitioner is concerned.
Petition allowed.
Sd/- JUDGE KSR