IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY , 2019 BEFORE THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR CRL. P. NO.8244 OF 2017 BETWEEN :
Y. K. SRIRANGAPPA @ SIRA SRIRANGAPPA SLN S/O KAMBANNA, AGE. 46 YEARS, R/AT KALIDASA NAGARA, SIRA TOWN, TUMKUR DISTRICT-571601.
(BY SMT. P.C. VINITHA, ADVOCATE FOR SHRI KARUMBAIAH T.A., ADVOCATE) AND :
1. STATE OF KARNATAKA BY KALLAMBELLA POLICE STATION, SIRA CIRCLE, SIRA TALUK, TUMKUR DISTRICT-571601.
2. PARVATHAMMA W/O. CHOWDAPPA, AGE. 50 YEARS, R/AT HALENAHALLI VILLAGE, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT-571601.
... PETITIONER ... RESPONDENTS (BY SHRI NASRULLA KHAN, H.C.G.P. FOR R1) THIS CRL.P. IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH FIR NO.33/2017 REGISTERED BY THE 1ST RESPONDENT - POLICE ON THE COMPLAINT GIVEN BY THE 2ND RESPONDENT ON 07.02.2017 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279 AND 304-A OF I.P.C. AND SECTION 187 OF INDIAN MOTOR VEHICLE ACT, 1988 WHICH IS NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, SIRA, TUMKUR DISTRICT, INSOFAR AS IT RELATES TO THE VEHICLE OF THE PETITIONER BEARING REGISTRATION NO.KA.48.2516 HPV ASHOK LAYLAND VEHICLE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard.
2. Petitioner claims to be the owner of a bus bearing No.KA-48/2516. Respondent No.2 filed F.I.R. No.33/2017 on 07.02.2017 in Kallambella police station, Tumakuru, alleging that a bus belonging to the petitioner had caused an accident. Petitioner’s aforementioned bus was seized on 24.09.2017.
3. Smt. P.C. Vinitha, learned advocate for the petitioner submits that the bus belonging to the petitioner was seized by the police on the apprehension that it was involved in the alleged accident. The respondent – complainant has filed a false complaint. The seizure is made after a lapse of seven months. As on date, there is no further progress in the investigation. Accordingly, she prays that the further proceedings pursuant to registration of F.I.R. be quashed.
4. The alleged accident has taken place in the night intervening 6th and 7th of February 2017. Complainant alleges that a bus belonging to the petitioner had caused the accident. Admittedly, the bus belonging to the petitioner has been seized. Matter is still under investigation. In the circumstances, I see no grounds to exercise power under Section 482 of Cr.P.C. and quash the proceedings. In the circumstances, petition fails and it is accordingly dismissed.
5. In view of dismissal of the petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE Hnm Ch.yn.