Karnataka High Court
P Ramakantha Shetty vs State Of Karnataka on 14 December, 2018
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
CRL.P.NO.4003/2014
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION NO.4003 OF 2014
BETWEEN:
1. P. RAMAKANTHA SHETTY,
S/O NARAYANA ALVA,
AGED ABOUT 60 YEARS,
R/AT NO.P-1, PERODI GARDEN,
NO-865, VIJAYA BANK LAYOUT,
BANNERAGHATTA ROAD,
BANGALORE - 560 076.
2. H.ASHOK SHETTY,
S/O KRISHNA SHETTY,
AGED ABOUT 61 YEARS,
R/A NO.NB2-31,
VIJAYA BANK LAYOUT,
BILEKAHALLI, B.G. ROAD,
BANNERGATTA ROAD,
BANGALORE - 560 076.
3. A. ARVIND HEGDE,
S/O LATE T.SRINIVAS HEGDE,
AGED ABOUT 64 YEARS,
R/A NO.1854, SRINIVAS NILAYA,
5TH A MAIN, R.P.C. LAYOUT,
BANGALORE - 560 076.
4. LAKKANNA,
S/O RAMANNA,
AGED ABOUT 44 YEARS,
R/A NO.19, BANAGIRI NAGAR,
BSK III STAGE,
BANGALORE - 560 085.
CRL.P.NO.4003/2014
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5. S. MANJAYYA SHETTY,
S/O A.ANANTHA SHETTY,
AGED ABOUT 65 YEARS,
R/A S-6, PERODY MANSION,
12TH CROSS, VIJAYA BANK LAYOUT,
BANNERGATTA ROAD,
BANGALORE - 560 076.
6. A. NAVEEN BHANDARY
S/O LATE A.L. BHANDARY,
AGED ABOUT 60 YEARS,
R/A VIJAYA ENCLAVE (SOUTH BLOCK),
MSRS NAGAR, BANNERGATTA ROAD,
BANGALORE - 560 076.
7. B.PRAKASH PADIVAL,
S/O B.SHANTHAPPA PADIVAL,
AGED ABOUT 60 YEARS,
R/A NO.1024, RAJIVI,
11TH MAIN, VIJAYA BANK LAYOUT,
BANNERGHATTA ROAD,
BANGALORE - 560 076.
8. K. VISHWANATHA NAIK,
S/O K.M. NAIK,
AGED ABOUT 62 YEARS,
R/AT NO.3417/C, 6TH CROSS,
2ND MAIN, 2ND STAGE, GAYTHRINAGAR,
BANGALORE - 560 021.
9. SMT. RITA ADYANTHAYA,
W/O B.G. ADYANTHAYA,
AGED ABOUT 60 YEARS,
R/A NO.439, 8TH MAIN,
VIJAYA BANK LAYOUT,
BANNERGATTA ROAD,
BANGALORE - 560 076.
10. GOPALA KRISHNA R,
S/O LATE RANGASWAMY,
AGED ABOUT 48 YEARS,
R/A NO.20, 2ND CROSS,
CRL.P.NO.4003/2014
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BYRE HANUMANTHAIAH COMPOUND,
NEAR BCC LAYOUT, 1ST STAGE,
VIJAYA NAGAR,
BANGALORE - 560 040. ... PETITIONERS
(BY SHRI. VISHNUMURTHY, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY BENGALURU METROPOLITAN
TASK FORCE POLICE STATION,
R/P BY SPP,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
2. MR. MANOJ KUMAR SHETTY,
S/O KUMAR SHETTY,
AGED ABOUT 62 YEARS,
R/AT NO.971, 1ST FLOOR,
VIJAYA BANK LAYOUT, BILIKAHALLI,
BANGALORE - 560 076. ... RESPONDENTS
(BY SHRI.I.S.PRAMOD CHANDRA, SPP - II FOR R1;
SHRI.S.SHANKAR SHETTY, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.14036/13 PENDING ON THE FILE OF THE CMM,
BANGALORE OF B.M.T.F. POLICE FOR THE OFFENCE P/U/S 420,
465, 468, 471, 218 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-
CRL.P.NO.4003/2014
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ORDER
Heard Shri Vishnumurthy, learned advocate for the petitioners, Shri I.S. Pramod Chandra, learned SPP-II for respondent No.1 and Shri S.Shankar Shetty, learned advocate for respondent No.2 .
2. Bangalore Metropolitan Task Force ('BMTF' for short) registered FIR No.156/2012 on 31.07.2012 for offences punishable under Sections 420, 465, 468, 471 and 218 read with Section 34 of IPC.
After investigation, they have filed charge sheet against petitioners and others.
3. Shri Vishnumurthy, submits that in view of the law laid down by this Court in Dr. S.M. Kalligudd & others Vs. State of Karnataka & others [1998 (1) Kar.L.J 252] and followed in subsequent cases, BMTF is not competent to proceed with the investigation if the FIR discloses commission of offence only under the Indian Penal Code. He also placed reliance on the decision of this Court in G.D.Jayram and another Vs. The State by Bangalore CRL.P.NO.4003/2014 5 Metropolitan Task Force Police Station (CRL.P.No.5340/2012 and connected matters decided on 10.10.2013), wherein the decision in Dr. S.M. Kalligudd (supra) has also been referred to.
4. In view of the law laid down by this Court, BMTF could not have proceeded further with the FIR lodged alleging commission of offences only under IPC. Consequently, all proceedings are vitiated. Resultantly, this petition is allowed and all proceedings in from and after registration of FIR No.156/2012 pending on the file of Chief Metropolitan Magistrate, Bengaluru, are quashed.
5. In view of disposal of the petition, I.A.No.1/2014 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE VMB