IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR Criminal Petition No.4864 OF 2017 BETWEEN:
1. VINAY @ VINAY PRASAD @ KOTAMBARI, S/O NARAYANA, AGED ABOUT 22 YEARS, R/A NO.07, 3RD CROSS, BALAPPA LAYOUT, ADUGODI, BENGALURU – 560 030.
2. ABHISHEK M.A. @ ABHI, S/O LATE DAVID, AGED ABOUT 22 YEARS, R/A 33/1, 4TH CROSS, 1ST MAIN, NANJAPPA LAYOUT, ADUGODI, BENGALURU – 560 030.
3. HEMANTH KUMAR, S/O RAMAKRISHNAPPA, AGED ABOUT 22 YEARS, R/A 12/2, 2ND CROSS, A.K. COLONY, ADUGODI, BENGALURU – 560 030.
... PETITIONERS (BY SRI.DILRAJ ROHIT SEQUEIRA, ADV.) AND:
1. THE STATE REPRESENTED BY ADUGODI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
2. SANTHOSH Y., S/O YELLAPPA, AGED ABOUT 20 YEARS, R/A NO.881, 4TH CROSS, 27TH MAIN, VENUGOPALASWAMY LAYOUT, EJIPURA, BANGALORE – 560 047.
(BY SRI.S.RACHAIAH, HCGP) ... RESPONDENTS THIS CRL.P. IS FILED U/S 482 OF CR.P.C. PRAYING TO DISCHARGE THE PETITIONERS FOR THE OFFENCES P/U/S 143, 147, 148, 341, 307, 302, 201, 120B R/W 149 OF IPC IN CRIME NO.27/2016 PERTAINING TO ADUGODI POLICE STATION, NOW PENDING IN S.C.NO.720/2016 BEFORE THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH – 69).
THIS CRL.P. IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are facing prosecution for the offence punishable under Sections 143, 147, 148, 341, 307, 302, 201, 120B r/w Section 149 of IPC pending in SC No.720/2016 on the file of Additional City Civil and Sessions Judge at Bengaluru (CCH-69), have sought for quashing of said proceedings.
2. It is urged by the petitioners that a false story has been concocted and they have been implicated as accused. They also contend they hail from respectable family and continuance of the proceedings against them would be onerous and entire case of prosecution is based on figment of imagination. Hence, they have sought for quashing of the proceedings.
3. Per contra, learned High Court Government Pleader would oppose the prayer of petitioners and seek for dismissal of the petition.
4. Having heard the learned advocates appearing for parties and on perusal of records, it would disclose that a complaint came to be registered for investigation into offences punishable under Sections 143, 147, 148, 341, 307, 302, 201, 120B r/w Section 149 of IPC alleging that on 14.02.2016 at about 11.30 pm., complainant and others were dancing in front of Patalamma Temple road and accused persons picked up a quarrel with them with regard to their dancing and from amongst accused persons, one of them stabbed Mr.Vinod, causing bleeding injuries and when Sriyuths. Venkatesh, Prashanth and John went to rescue of Mr.Vinod, accused charged against them and also stabbed Mr.Venkatesh on his left leg, thigh, knee and other parts, causing bleeding injuries.
5. It is also alleged that another accused stabbed Prashanth with knife on ribs causing bleeding injuries to him and on intervention of John, he was also stabbed. It is further stated that Venkatesh was also seriously injured and shifted to Victoria hospital and later on succumbed due to injuries sustained.
6. Charge sheet material would disclose overt- acts of each of the accused, as such, on the basis of grounds urged in the petition which is contrary to facts, proceedings pending against petitioners cannot be quashed.
Hence, petition rejected.
SD/- JUDGE GH