IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.9680/2017 BETWEEN:
1. Smt. Venkatalakshmamma W/o K. Govindaiah, Aged 60 years, No.16, Sri. Lakshmi Venkateshwara Nilaya, Ajjappanahalli Road, Yallapura, Tumkuru, Tumkuru District-572 106.
2. Sri. Venkatesh, S/o K. Govindaiah, Aged 42 years, Officiating as Archak, R/a Thippedasarahalli, Haludodderi Post, Kora Hobli, Tumkuru Taluk, Tumkuru District-572 101.
3. Sri. Jagannatha, S/o K. Govindaiah, Aged 38 years, No.16, Sri. Lakshmi Venkateshwara Nilaya, 1st Floor, Ajjappanahalli Road, Yallapura, Tumkuru, Tumkuru District-572 106.
4. Smt. Radhika, W/o Sri. Venkatesh, Aged 32 years, R/at Thippedasarahalli, Haludodderi Post, Kora Hobli, Tumkuru Taluk, Tumkuru District-572 101.
5. Smt. Shashikala, W/o Sri. Jagannatha, Aged 28 years, No.16, Sri. Lakshmi Venkateshwara Nilaya, 1st Floor, Ajjappanahalli Road, Yallapura, Tumkuru, Tumkuru District-572 101.
6. Smt. Drakshayini, W/o Sri. Ramesh, Aged 40 years, Near Kalidasa School, Koratagere Taluk, Tumkuru District-572 129.
7. Sri. Ramesh, S/o Late Hanumanthappa, Aged 52 years, Near Kalidasa School, Koratagere Taluk, Tumkuru District-572 129 …Petitioners (By Sri.K.N.Nitish, Advocate for Sri.K.V.Narasimhan, Advocate) AND:
1. The State by Sub Inspector of Police, Women Police Station, Tumkuru-572 101.
By Public Prosecutor, High Court Building, Bengaluru-560 001.
2. Smt. Pushpa @ Susheela, W/o Chandrashekara @ Chinni, Aged 27 years, Settihalli, Kasaba Hobli, Tumkur Taluk, Tumkur District-572 101.
...Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R1; Sri. S.Nagesh, Advocate for R2) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the charge sheet in Cr.No.87/2016 at Annexure-F submitted by the 1st respondent police and the proceedings in C.C.No.252/2017 on the file of the learned II Additional Senior Civil Judge and JMFC, Tumkuru.
This Criminal Petition coming on for Admission, this day, the Court made the following:
O R D E R When the matter was taken up for hearing, the learned counsel for the petitioners has brought to the notice of the Court that the discharge application filed by the petitioners was dismissed by a considered order dated 28.12.2018. Instant petition was filed and stay was granted subsequent to the said order. Hence, the present petition is not maintainable.
In view of the above, the learned counsel for the petitioners seeks leave to withdraw the petition reserving liberty to the petitioners to challenge the order dated 28.12.2018 rejecting the discharge application filed by the petitioners.
Reserving liberty as prayed for, petition is disposed of.
Sd/- JUDGE UN