Karnataka High Court
Mr Vasanth V Fernandes vs The State Of Karnataka on 31 August, 2023
-1-
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 2660 OF 2018
C/W
CRIMINAL PETITION NO. 2659 OF 2018
CRIMINAL PETITION NO. 1790 OF 2019
CRIMINAL PETITION NO. 1791 OF 2019
CRIMINAL PETITION NO. 1792 OF 2019
CRIMINAL PETITION NO. 8342 OF 2019
CRIMINAL PETITION NO. 7602 OF 2020
CRIMINAL PETITION NO. 5935 OF 2021
CRIMINAL PETITION NO. 1566 OF 2022
CRIMINAL PETITION NO. 6697 OF 2022
CRIMINAL PETITION NO. 6902 OF 2022
IN CRL.P.2660/2018:
BETWEEN:
Digitally 1.
signed by MRS JESSIE MARY FERNANDES
SUMA W/O MR. SEBASTIAN FERNANDES,
Location: AGED ABOUT 78 YEARS,
HIGH
COURT OF RESIDING AT NO.16, ALBERT STREET,
KARNATAKA RICHMOND TOWN,
BANGALORE - 560 025.
2. HARISH MARIAN FERNANDES
S/O MR. SEBASTIAN FERNANDES,
AGED 46 YEARS,
RESIDING AT NO.16, ALBERT STREET,
RICHMOND TOWN,
BANGALORE - 560 025.
...PETITIONERS
(BY SRI. ABHISEK M.R., ADVOCATE)
-2-
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
AND:
1. SUB-INSPECTOR,
ASHOKNAGAR POLICE STATION,
COMMISSARIAT ROAD,
BANGALORE - 560 025.
2. VASANTH V FERNANDES
S/O MR. SEBASTIAN FERNANDES,
AGED 49 YEARS,
RESIDING AT NO.16, ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560 025.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON/RESPONDENT
NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIRST
INFORMATION REPORT (F.I.R) IN CRIME NO.288/2016, FILED BY
SUB-INSPECTOR, ASHOK NAGAR POLICE STATION, BANGALORE,
DATED 25.07.2016 PRODUCED AS ANNEXURE-A, AS IN
C.C.NO.59595/2017 ON THE FILE OF 43RD ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU CITY, AND ETC.
IN CRL.P.2659/2018:
BETWEEN:
1. HARISH MARIAN FERNANDES
S/O MR.SEBASTIAN FERNANDES,
AGED 46 YEARS,
RESIDING AT NO.16, ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560025.
-3-
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
2. POOJA R
D/O RUDRAIAH,
AGED 23 YEARS,
RESIDING AT NO.16, ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560025.
3. PREMAKUMARI
D/O MUNIYAPPA,
AGED 25 YEARS,
ADDRESS FOR CORRESPONDENCE:
NO.16, ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560025.
...PETITIONERS
(BY SRI. ABHISEK M.R., ADVOCATE)
AND:
1. SUB-INSPECTOR,
ASHOKNAGAR POLICE STATION
COMMISSARIAT ROAD,
BANGALORE-560025.
2. VASANTH V. FERNANDES
S/O MR. SEBASTIAN FERNANDES,
AGED 49 YEARS,
RESIDING AT NO.16,
ALBERT STREET, RICHMOND TOWN,
BANGALORE-560025.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON / RESPONDENT
NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIRST
INFORMATION REPORT (F.I.R) AS IN C.C.NO.59599/2017 (CRIME
NO.0436/2016) FILED BY SUB-INSPECTOR, ASHOK NAGAR, POLICE
-4-
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
STATION, BANGALORE DATED 12.12.2016 PRODUCED AS
ANNEXURE-A AND ETC.
IN CRL.P.NO.1790/2019:
BETWEEN:
1. MR. VASANTH V FERNANDES
S/O LATE MR. SEBASTIAN FERNANDES,
AGED 50 YEARS
2. MRS. MARITTA FLAVIAN FERNANDES
W/O MR. VASANTH V FERNANDES,
AGED 46 YEARS,
3. MR. NIHAR DENIS FERNANDES
S/O MR. VASANTH V FERNANDES
AGED 21 YEARS,
ALL RESIDING AT NO.16,
ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560025
...PETITIONERS
(BY SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON / PETITIONER
NO.1
SRI R. GUNASHEKAR, ADVOCATE FOR PETITIONER NOS.2 AND 3)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ASHOKNAGAR POLICE,
COMMISSARIAT ROAD,
BANGALORE-560 025
2. MR. HARISH MARIAN FERNANDES
S/O LATE MR. SEBASTIAN FERNANDES,
AGED 47 YEARS,
RESIDING AT NO.16, ALBERT STREET,
-5-
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
RICHMOND TOWN,
BANGALORE-560 025
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. ABHISEK M.R., ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.59610/2017 OF CRIME NO.289/2016
UNDER SECTIONS 323, 504 AND 506 READ WITH SECTION 34 OF
THE INDIAN PENAL CODE, 1860 AND N.C.R.NO.248/2016 OF
RESPONDENT NO.1 POLICE STATION, ON THE FILE OF XLIII
ADDL.C.M.M., MAYOHALL, BENGALURU.
IN CRL.P.NO.1791/2019:
BETWEEN:
1. MR. VASANTH V. FERNANDES
S/O LATE MR. SEBASTIAN FERNANDES
AGED 50 YEARS,
2. MRS. MARITTA FLAVIAN FERNANDES
W/O MR. VASANTH V. FERNANDES
AGED 46 YEARS,
BOTH RESIDING AT NO.16,
ALBERT STREET, RICHMOND TOWN,
BANGALORE-560 025
...PETITIONERS
(BY SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON/PETITIONER
NO.1;
SRI. R. GUNASHEKAR, ADVOCATE FOR PETITIONER NO.2)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ASHOKNAGAR POLICE,
-6-
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
COMMMISSARIAT ROAD,
BANGALORE-560 025
2. MR. HARISH MARIAN FERNANDES
S/O LATE MR. SEBASTIAN FERNANDES,
AGED 47 YEARS,
RESIDING AT NO.16, ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560 025
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. ABHISEK M.R., ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.59118/2018 OF CRIME NO.143/2017
UNDER SECTIONS 323 AND 506 READ WITH SECTION 34 OF THE
INDIAN PENAL CODE, 1860 OF RESPONDENT NO.1 POLICE STATION,
ON THE FILE OF XLIII ADDL.C.M.M., MAYOHALL, BENGALURU.
IN CRL.P.NO.1792/2019:
BETWEEN:
1. MR. VASANTH V. FERNANDES
S/O LATE MR. SEBASTIAN FERNANDES
AGED 50 YEARS,
2. MRS. MARITTA FLAVIAN FERNANDES
W/O MR. VASANTH V. FERNANDES
AGED 46 YEARS,
BOTH RESIDING AT NO.16,
ALBERT STREET, RICHMOND TOWN,
BANGALORE-560 025
...PETITIONERS
-7-
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
(BY SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON/PETITIONER
NO.1;
SRI. R. GUNASHEKAR, ADVOCATE FOR PETITIONER NO.2)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ASHOKNAGAR POLICE
COMMISSARIAT ROAD,
BANGALORE-560025,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU.
2. MS. R. POOJA
D/O RUDRAIAH,
AGED ABOUT 24 YEARS
C/O HARISH MARIAN FERNANDES,
NO.16, ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560025
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. ABHISEK M.R., ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN CRIME NO.342/2018 UNDER SECTIONS 341, 323,
324, 504, 506 READ WITH 34 OF IPC OF RESPONDENT NO.1 POLICE
STATION ON THE FILE OF THE XLIII ADDL. C.M.M., MAYOHALL,
BANGALORE.
IN CRL.P.NO.8342/2019:
BETWEEN:
POOJA R
AGED ABOUT 23 YEARS,
W/O HARISH MARIAN FERNANDES,
-8-
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
RESIDING AT NO.16, ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560025
...PETITIONER
(BY SRI. ABHISHEK M.R.,ADVOCATE)
AND:
1. ASHOKNAGAR POLICE STATION
COMMISSARIAT ROAD,
CUBBON PARK SUB-DIVISION,
BANGALORE-560025.
REP. BY SPP,
HIGH COURT OF KARNATAKA,
BANGALORE-560001.
2. VASANTH V. FERNANDES
S/O MR. SEBASTIAN FERNANDES,
AGED 51 YEARS,
RESIDING AT NO.16,
ALBERT STREET,
RICHMOND TOWN,
BANGALROE-560025.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON/RESPONDENT
NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR AS IN
C.C.NO.52668/2019 (CRIME NO.344/2018 DATED 18.09.2018) ON
THE FILE OF XXIX ADDL.C.M.M. COURT, MAYO HALL, BENGALURU
CITY, PRODUCED AS ANNEXURE-A AND ETC.
-9-
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
IN CRL.P.NO.7602/2020:
BETWEEN:
1. MR. VASANTH V FERNANDES
SON OF LATE MR. SEBASTIAN FERNANDES
AGED 52 YEARS
2. MRS. MARITTA FLAVIAN FERNANDES
WIFE OF MR. VASANTH V. FERNANDES,
AGED 48 YEARS
3. MR. NIHAR DENIS FERNANDES
SON OF MR. VASANTH V. FERNANDES
AGED 22 YEARS
4. MR. HIREN RALPH FERNANDES
SON OF MR. VASANTH V. FERNANDES,
AGED 19 YEARS
ALL RESIDING AT NO.16,
ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560 025.
...PETITIONERS
(BY SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON/PETITIONER
NO.1
SRI. GUNASHEKAR R., ADVOCATE FOR PETITIONER NOS.2, 3 AND 4)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ASHOKNAGAR POLICE,
COMMISSARIAT ROAD,
BANGALORE-560025.
2. MR. HARISH MARIAN FERNANDES
SON OF LATE MR. SEBASTIAN FERNANDES
AGED 48 YEARS,
RESIDING AT NO.16,
ALBERT STREET,
- 10 -
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
RICHMOND TOWN,
BANGALORE-560025.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. ABHISEK M.R., ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CHARGE
SHEET IN C.C. NO.53502/2020 OF CRIME NO.109/2020 UNDER
SECTIONS 323, 354, 504 AND 34 OF IPC OF RESPONDENT NO.1
POLICE STATION, ON THE FILE OF THE XXIX ACMM COURT, MAYO
HALL, BANGALORE.
IN CRL.P.NO.5935/2021:
BETWEEN:
1. MR.VASANTH V FERNANDES
SON OF LATE MR. SEBASTIAN FERNANDES
AGED 53 YEARS
2. MRS. MARITTA FLAVIAN FERNANDES
W/O MR. VASANTH V. FERNANDES
AGE 48 YEARS
BOTH RESIDING AT NO.16
ALBERT STREET,
RICHMOND TOWN,
BANGALORE - 560 025.
...PETITIONERS
(BY SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON/PETITIONER
NO.1;
SRI. GUNASHEKAR R., ADVOCATE FOR PETITIONER NO.2)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ASHOKNAGAR POLICE,
COMMISSARIAT ROAD,
BANGALORE - 560 025.
- 11 -
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
2. MS. POOJA R.,
DAUGHTER OF MR. RUDRAIAH,
AGED ABOUT 27 YEARS,
RESIDING AT NO.16,
ALBERT STREET,
RICHMOND TOWN,
BANGALORE - 560 025
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. ABHISEK M.R., ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CHARGE
SHEET IN C.C.NO.52967/2021 OF CR.NO.380/2019 UNDER
SECTIONS 341, 504 AND 34 OF IPC OF RESPONDENT NO.1 POLICE
STATION ON THE FILE OF THE XXIX A.C.M.M., COURT, MAYO HALL,
AT BENGALURU.
IN CRL.P.NO.1566/2022:
BETWEEN:
1. HARISH MARIAN FERNANDES
S/O MR. SEBASTIAN FERNANDES,
AGED 49 YEARS,
RESIDING AT NO.16,
ALBERT STREET,
RICHMOND TOWN,
BENGALURU-560025
2. POOJA R.,
W/O HARISH MARIAN FERNANDES,
AGED 26 YEARS,
RESIDING AT NO.16,
ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560025
...PETITIONERS
(BY SRI. ABHISEK M.R., ADVOCATE)
- 12 -
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
AND:
1. STATE OF KARNATAKA
THROUGH ASHOKNAGAR POLICE STATION,
COMMISSIONARATE ROAD,
REP BY SPP,
HIGH COURT BUILDING,
BANGALORE-01
2. VASANTH V FERNANDES
S/O MR. SEBASTIAN FERNANDES,
AGED 53 YEARS,
RESIDING AT NO.16,
ALBERT STREET,
RICHMOND TOWN,
BANGALORE-560025
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON / RESPONDENT
NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIRST
INFORMATION REPORT AS IN C.C.NO.54614/2020 (CRIME
NO.110/2020) DATED 26.03.2020 PRODUCED AS ANNEXURE-A,
PENDING ON THE FILE OF THE 29TH ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU AND ETC.
IN CRL.P.NO.6697/2022:
BETWEEN:
1. MR. HARISH MARIAN FERNANDES
S/O LATE SEBASTIAN FERNADES,
AGED 50 YEARS,
R/A 16, ALBERT STREET,
RICHMOND TOWN,
BENGALURU CITY,
KARNATAKA-560025.
- 13 -
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
2. MS. POOJA R
W/O MR. HARISH MARIAN FERNANDES
AGED 28 YEARS,
R/A 16, ALBERT STREET,
RICHMOND TOWN,
BENGALURU CITY,
KARNATAKA-560025.
...PETITIONERS
(BY SRI. ABHISHEK M.R., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY STATION HOUSE OFFICER,
ASHOKNAGAR P.S.,
BENGALURU 560050
REP. BY HCGP
2. MR. VASANTH V FERNANDES
S/O LATE MARIAN,
AGED 53 YEARS,
R/A 16, ALBERT STREET,
RICHMOND TOWN,
BENGALURU CITY,
KARNATAKA-560025
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON/RESPONDENT
NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CHARGE
SHEET IN C.C.NO.52564/2020 PENDING BEFORE THE HON'BLE XXIX
ACMM, MAYO HALL, BENGALURU CITY IN RESPECT OF THE
PETITIONER NOS.1 AND 2 ARRAYED AS ACCUSED NOS.1 AND 2 IN
CRIME NO.208/2019 (ANNEXURE-C) FOR THE OFFENCES UNDER
SECTIONS 289, 504, 506 READ WITH SECTION 34 OF IPC AND ETC.
- 14 -
NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
IN CRL.P.NO.6902/2022:
BETWEEN:
MS. POOJA R
W/O MR. HARISH MARIAN FERNANDES
AGED 28 YEARS,
R/A 16, ALBERT STREET,
RICHMOND TOWN,
BENGALURU CITY,
KARNATAKA-560025
...PETITIONER
(BY SRI. ABHISEK M.R., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY STATION HOUSE OFFICER,
ASHOKNAGAR P.S.,
BENGALURU-560050
2. MR. MARITTA FERNANDES
W/O VASANTH V FERNANDES,
AGED 47 YEARS
R/A 16, ALBERT STREET,
RICHMOND TOWN,
BENGALURU CITY,
KARNATAKA-560025.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SRI. VASANTH V. FERNANDES, PARTY-IN-PERSON/RESPONDENT
NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CHARGE
SHEET IN C.C.NO.53491/2020 PENDING BEFORE THE XXIX ACMM,
MAYO HALL, BANGALORE CITY IN RESPECT OF THE PETITIONER
ARRAYED AS ACCUSED IN CRIME NO.43/2020 REGISTERED BY
ASHOKNAGAR POLICE STATION FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 427, 504, 430 OF THE INDIAN PENAL CODE,
1860.
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NC: 2023:KHC:31657
CRL.P No. 2660 of 2018
C/W CRL.P No. 2659 of 2018,
CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019,
CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019,
CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021,
CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022,
CRL.P No. 6902 of 2022
THESE PETITIONS COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The accused Nos.1 and 2 in C.C. No.59595/2017 (arising out of Crime No.288/2016 registered by respondent No.1), initially filed before the XLIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru City and presently pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC') have filed Crl. P. No.2660/2018 challenging the First Information Report (FIR) in Crime No.288/2016 and charge sheet in C.C. No.59595/2017.
2. The accused Nos.1, 6 and 7 in C.C. No.59599/2017 (arising out of Crime No.436/2016 registered by respondent No.1) which was initially filed before the XLIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru City, and presently pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 448, 341, 427 and 149 of IPC have
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 filed Crl.P. No.2659/2018 challenging the FIR in Crime No.436/2016 and the charge sheet in C.C. No.59599/2017.
3. The accused Nos.1 to 3 in C.C. No.59610/2017 (arising out of Crime No.289/2016 registered by respondent No.1) which was initially filed before the XLIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru City, and presently pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 323, 504, 506 read with Section 34 of IPC have filed Crl. P. No.1790/2019 for quashing the entire proceedings in C.C. No.59610/2017 and NCR No.248/2016 registered by respondent No.1 - Police Station.
4. The accused Nos.1 and 2 in C.C. No.59118/2018 (arising out of Crime No.143/2017 registered by respondent No.1) which was initially filed before the XLIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru City, and presently pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 punishable under Sections 323, 506 read with Section 34 of IPC have filed Crl. P. No.1791/2019 challenging the proceedings initiated against them in C.C. No.59118/2018.
5. Accused Nos.1 and 2 in C.C No.52669/2018 arising out of Crime No.342/2018 which was initially filed before the XLIII Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru City, and presently pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 341, 323, 324, 504, 506 read with Section 34 of IPC have filed Crl.P. No.1792/2019 challenging the proceedings in Crime No.342/2018 initiated against them.
6. Accused No.2 in C.C. No.52668/2019 (arising out of Crime No.344/2018 registered by respondent No.1) which was initially filed before the XLIII Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru City, and presently pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 Sections 427, 323 read with Section 34 of IPC have filed Crl.P. No.8342/2019 challenging the FIR and charge sheet in C.C No.52668/2019.
7. Accused Nos.1, 2, 3 and 5 in C.C. No.53502/2020 (arising out of Crime No.109/2020 registered by respondent No.1) which was initially filed before the XLIII Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru City, and presently pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 323, 354 and 504 read with Section 34 of IPC have filed Crl.P. No.7602/2020 challenging the charge sheet in C.C No.53502/2020.
8. Accused Nos.1 and 2 in C.C. No.52564/2020 (arising out of Crime No.208/2019 registered by respondent No.1) which was initially filed before the XLIII Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru City, and presently pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 punishable under Sections 289, 504 and 506 read with Section 34 of IPC have filed Crl. P. No.6697/2022 challenging the charge sheet in C.C No.52564/2020.
9. Accused Nos.1 and 2 in C.C. No.52967/2021 (arising out of Crime No.380/2019 registered by respondent No.1) pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 341, 354, 504 read with Section 34 of IPC have filed Crl. P. No.5935/2021 challenging the charge sheet in C.C No.52967/2021.
10. Accused Nos.1 and 2 in C.C. No.54614/2020 (arising out of Crime No.110/2020 registered by respondent No.1) pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 341, 323, 354 read with Section 34 of IPC have filed Crl. P. No.1566/2022 challenging the FIR and charge sheet in C.C No.54614/2020.
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022
11. The accused in C.C. No.53491/2020 (arising out of Crime No.43/2020 registered by respondent No.1) for the offences punishable under Sections 427, 504 and 430 of IPC pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru City, have filed Crl. P. No.6902/2022 challenging the charge sheet in C.C No.53491/2020.
12. The complainants/private respondents and the accused/petitioner/s in all these petitions are closely related. Mr. Vasanth V. Fernandes ('Mr. Vasanth Fernandes' for brevity) and Mr. Harish Marian Fernandes (for short 'Mr. Harish Fernandes') are the children of Mr.Sebastian Fernandes and Mrs. Jessie Mary Fernandes. Mrs. Flavia Marita Fernandes / Mrs.Marita Flavian Fernandes is the wife of Mr. Vasanth Fernandes and their children are Mr. Nihar Fernandes / Mr. Nihar Dennis Fernandes, Mr.Hiren Fernandes / Mr. Hiran Ralph Fernandes and Mr. Rajit/ Mr. Rajit Fernandes. The other son of Mr. Sebastian Fernandes is Mr. Harish Fernandes who claims that Mrs. Pooja R is his wife. All the aforesaid criminal cases are
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 filed inter se against each other and essentially arises out of a dispute relating to a property bearing No.16, Albert Street, Richmond Town, Bengaluru-560 025 (henceforth referred to as 'the petition property').
13. The petition property stood in the name of the father - Mr. Sebastian Fernandes. The younger son - Mr. Harish Fernandes claimed that he had made certain financial contributions and had purchased the petition property in the name of his father while the older son - Mr. Vasanth Fernandes claims that he had paid certain money for the day-to-day needs and necessities of his father and his mother and that his father had assured to part with the first floor of the premises along with an accommodation in the ground floor to enable him to run his Advocate's office.
14. It is stated that by a gift deed dated 07.10.2011, Mr. Sebastian Fernandes transferred his 1/3rd share of the petition property in favour of his wife - Mrs. Jessie Mary Fernandes and similarly, by another gift deed dated
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 07.10.2011, transferred another 1/3rd share of the petition property in favour of his younger son - Mr. Harish Fernandes and subsequently, by a settlement deed dated 22.05.2014, Mr. Sebastian Fernandes transferred the remaining 1/3rd share of the said property No.16 in favour of his wife - Mrs.Jessie Mary Fernandes, who by a release deed dated 06.08.2014 transferred her 2/3rd share in the said property in favour of Mr. Harish Fernandes. Thereafter, the younger son insisted the older son - Mr. Vasanth Fernandes who was in occupation of the first floor and a portion in the ground floor to quit and deliver vacant possession of the property. In this regard, Mr. Harish Fernandes initially filed a suit in O.S. No.1719/2015 against Mr. Vasanth Fernandes and his wife - Mrs. Marita Flavian Fernandes before Additional City Civil Judge, Bangalore for perpetual injunction, which was however, withdrawn. Later, he filed a suit in O.S. No.6844/2015 against Mr. Vasanth Fernandes and his wife, before the Additional City Civil Judge (CCH-44), Bengaluru for declaration of his title and for recovery of possession which too was later withdrawn. Finally, he filed a
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 suit in O.S. No.639/2016 against Mr. Vasanth Fernandes and his wife before the LIX Additional City Civil Judge, Bengaluru for damages which was also dismissed and RFA No.809/2018 filed before this Court against the said order of dismissal is also stated to be dismissed as not pressed on 29.01.2020.
15. The younger son - Mr. Harish Fernandes claimed that in the year 1997, Mr. Vasanth Fernandes requested his parents to permit him and his wife to stay in the house till his wife delivered. Mr. Vasanth Fernandes was permitted to stay in the first floor and such stay was allegedly understood to be temporary and he was required to shift to his own accommodation after his wife delivered the child. Mr. Harish Fernandes alleged that Mr. Vasanth Fernandes did not vacate even after his wife delivered but caused a notice on 24.12.2011 to Mr. Sebastian Fernandes calling upon him to stick to his promise that he would make over the first floor premises towards all the financial help that he had rendered. Mr. Sebastian Fernandes issued a reply on 13.02.2012 denying the claim made by Mr. Vasanth Fernandes and called upon him to
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 quit and deliver vacant possession of the first floor premises and the office premises in the ground floor by 29.02.2012. It is stated that Mr. Vasanth Fernandes did not vacate the premises but he started claiming a share in the house which was denied by his parents. The mother of Mr. Vasanth Fernandes and Mr. Harish Fernandes alleging that she was harassed by Mr. Vasanth Fernandes filed a case under the Maintenance Welfare of Parents and Senior Citizens Act, 2007 where the Assistant Commissioner, Bangalore North Sub-Division, passed an order dated 18.11.2015 directing the jurisdictional Police to evict Mr. Vasanth Fernandes and his family from the house. This order was however recalled allegedly on 21.11.2015 yielding to some unknown pressure. An appeal was filed by Mrs. Jessy Mary Fernandes before the Deputy Commissioner who in terms of the order dated 07.06.2017 allowed it by setting aside the order dated 03.08.2016 passed by the Assistant Commissioner, in case No.MSC/35/2014-15 and remanded the case to Assistant Commissioner for re-enquiry with an instruction to reconsider the request of the senior citizen. However, before the matter
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 was remanded before the Assistant Commissioner, Mrs. Jessie Mary Fernandes filed a writ petition in W.P. No.38272/2017 before this Court and this Court in terms of the order dated 10.04.2019, remanded the matter back to the Deputy Commissioner with a direction to dispose off the appeal afresh by a speaking order in the light of mandate contained in sub- section (6) of Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This order was challenged before the Division Bench of this Court in W.A. No.2476/2019. Mrs.Jessie Mary Fernandes thereafter initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 in Crl. Misc. No.131/2015 before the I Metrpolitan Magistrate Traffic Court / MMTC Court, Bengaluru which is stated to be still pending. Mr. Vasanth Fernandes continued to reside in the first floor of the premises and was also running his office in a portion of the ground floor as he was not dispossessed through the due process of law.
16. When things stood thus, Mr. Vasanth Fernandes alleged that on 16.07.2016, when he was having lunch at his
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 home with his wife and children, Mr. Harish Fernandes went up to the first floor and banged his suitcase on the floor and forced his butt into the face of the complainant and pushed him away. When the complainant resisted and pushed Mr. Harish Fernandes away, it is alleged that Mr. Harish Fernandes in turn assaulted Mr. Vasanth Fernandes with his hands and created commotion. At that point in time, Mrs. Jessie Mary Fernandes and Mr. Sebastian Fernandes intervened and started abusing the wife of Mr. Vasanth Fernandes and claimed that she and her family have no right to remain in the house and threatened them of their lives. Mr. Vasanth Fernandes reported the incident to the respondent No.1 - Police who registered Crime No.288/2016 for the offences punishable under Sections 323, 504, 506 read with Section 34 of IPC and after investigation, filed a charge sheet for the aforesaid offences against accused Nos.1 to 3. The Trial Court in terms of the order dated 13.11.2017 took cognizance of the aforesaid offences, directed registration of criminal case, which was numbered as C.C No.59595/2017, against accused Nos.1 to 3 and issued process
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 to accused Nos.1 to 3. Hence, Mr. Harish Fernandes and others have filed Crl. P No.2660/2018 to quash the FIR in Crime No.288/2016 and the charge sheet in C.C.No.59595/2017.
17. Following this, on the same day i.e., 16.07.2016 at 14.18 hours, Mr. Harish Fernandes lodged another complaint alleging that when he was on his way to his room in the first floor, he placed his briefcase on the table to take out the keys of the room. Mr. Vasanth Fernandes quarrelled with him and threatened to finish him off. He alleged that Mr. Vasanth Fernandes picked up the briefcase and threw it and many documents in the briefcase were strewn around. Mr. Nihar and Mr. Hiren, sons of Mr. Vasanth Fernandes, allegedly joined and assaulted Mr. Harish Fernandes who ran into the room. By that time, the father and mother of Mr. Harish Fernandes went up and they too were abused and assaulted. He claimed that the reason for Mr. Vasanth Fernandes and his family members behaving that way was that the property was transferred to the name of Mr. Harish Fernandes and that Mr. Vasanth Fernandes and his family were staying illegally and a case for eviction was
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 filed. Mr. Vasanth Fernandes reported the incident to the respondent No.1 - Police who registered Crime No.289/2016 for the offences punishable under Sections 323, 504, 506 read with Section 34 of IPC and after investigation, filed a charge sheet. The Trial Court in terms of the order dated 13.11.2017, took cognizance of the said offences and directed registration of criminal case, which was numbered as C.C. No.59610/2017, against the accused Nos.1 to 3 and issued process to the said accused. Mr. Vasanth Fernandes, his wife and son - Mr. Nihar Denis Fernandes have filed Crl. P. No.1790/2019 seeking to quash the entire proceedings in C.C. No.59610/2017.
18. After a lull, another complaint was filed on 12.12.2016 by Mr. Vasanth Fernandes against Mr. Harish Fernandes and two other persons alleging that when he and his family members had gone out to Ulsoor church on 12.12.2016 at 5 p.m. and returned back at about 10.20 p.m., they found that the accused persons had broke open the entrance door of their house and had thrown out the household articles and caused loss to the tune of Rs.10,000/-. The accused Nos.6 and
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 7 and two women and four security guards obstructed Mr. Vasanth Fernandes from entering his house. Based on this complaint, Crime No.436/2016 was registered by the respondent No.1 for the offences punishable under Sections 448, 341, 427 and 149 of IPC. The jurisdictional Police after investigating the case, filed a charge sheet and the Trial Court took cognizance for the aforesaid offences and directed registration of criminal case, which was numbered as C.C. No.59599/2017, against the accused and issued process. Mr. Harish Fernandes / accused No.1 and accused Nos.6 and 7 have filed Crl. P. No.2659/2018 for quashing the FIR in Crime No.438/2016 and charge sheet in C.C. No.59599/2017.
19. Within three months thereafter, another complaint was lodged on 22.03.2017 by Mr. Harish Fernandes against Mr. Vasanth Fernandes and Mrs. Flavia Fernandes claiming that on 21.03.2017 at about 8 a.m., when he asked Mr. Vasanth Fernandes to take out his car, he assaulted him with his hands and his wife - Mrs. Maritta Flavian Fernandes also joined him and dragged him around and Mr. Vasanth Fernandes
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 threatened to kill him and his wife screamed that she would never leave his house without getting Rs.1,00,00,000/- from him. Based on this, Crime No.143/2017 was registered by the respondent No.1 - Police for the offences punishable under Sections 323, 506 read with Section 34 of IPC and after investigation, they filed a charge sheet against accused Nos.1 and 2. The Trial Court in terms of the order dated 20.11.2018, took cognizance of the aforesaid offences and ordered registration of criminal case, which was numbered as C.C. No.59118/2018, against the accused Nos.1 and 2 and issued process to them. Crl. P. No.1791/2019 is filed by Mr. Vasanth Fernandes and his wife for quashing the entire proceedings in C.C. No.59118/2018.
20. Again on 16.06.2018, Mr. Vasanth Fernandes lodged another complaint against Mr. Harish Fernandes and his wife Smt. Pooja alleging that Mr. Harish Fernandes had filed a suit concerning the property and had obtained an order of injunction and was attempting, day in and day out, to pull down the first floor of the building by damaging the ground floor
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 walls. Mr. Vasanth Fernandes alleged that on 16.09.2018 at 5.45 p.m., when Mr. Harish Fernandes was damaging the wall and ceiling in the ground floor, the wife of Mr.Vasanth Fernandes questioned him. He alleged that Mrs. Pooja pushed her away and assaulted her. Based on this, NCR No.252/2018 was registered which was later permitted by Judicial Magistrate to be converted into Crime No.344/2018, which was registered for the offences punishable under Sections 427 and 323 read with Section 34 of IPC and the jurisdictional Police after investigation filed C.C. No.52668/2019 against the petitioner and Mr. Harish Fernandes for the aforesaid offences. The FIR and charge sheet filed in C.C. No.52668/2019 are under challenge in Crl.P. No.8342/2019.
21. Soon thereafter, Mrs. Pooja also filed a complaint on 17.09.2018 claiming that she was a tenant under Mr. Harish Fernandes and that on 16.09.2018 at 6.00 p.m. when Police visited the house for enquiry, she was climbing down the stairs and was confronted by Mrs. Flavian, the wife of Mr. Vasanth Fernandes, who assaulted her with keys and hands and abused
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 her while Mr. Vasanth Fernandes threatened her. Based on this complaint, Crime No.342/2018 was registered by respondent No.1 - Police for the offences punishable under Sections 341, 323, 324, 504, 506 read with Section 34 of IPC. The Jurisdictional Police investigated the case and filed a charge sheet the cognizance of which was taken by the Trial Court on 12.08.2017 for the offences punishable under Sections 323, 354, 354A and 504 of IPC and C.C. No.52669/2019 was registered. The entire proceedings in Crime No.342/2018 is under challenge in Crl.P. No.1792/2019 filed by Mr.Vasanth Fernandes and his wife.
22. A few days thereafter, another complaint was lodged by Mr.Vasanth Fernandes against Mr.Harish Fernandes and Mrs.Pooja on 23.06.2019 alleging that on the said day at about 8.40 a.m., Mr.Harish Fernandes and Mrs.Pooja had petted a stray dog, kept on a leash near the stairs and used to incite the dog to attack whenever Mr.Vasanth Fernandes and his family members passed by. He alleged that the dog tried to attack his son 2 days prior to 23.06.2019. He alleged that on
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 23.06.2019 at about 8.40 a.m., when his wife was proceeding to Church, Mrs. Pooja incited her dog which tried to attack his wife. He alleged that his wife escaped unhurt from the dog and Mr. Harish Fernandes allegedly abused her for hurting the dog. Based on this, a case in Crime No.208/2019 was registered for the offences punishable under Sections 289, 504 and 506 read with Section 34 of IPC and after investigation, a charge sheet was filed against the accused Nos.1 and 2 for the aforesaid offences, cognizance of which was taken by the Trial Court in terms of the order dated 04.06.2020 and it directed registration of criminal case, which was numbered as C.C. No.52564/2020, and process was issued to accused Nos.1 and 2. The charge sheet in C.C. No.52564/2020 is challenged in Crl.P No.6697/2022.
23. A few days thereafter, Mrs. Pooja lodged a complaint on 07.11.2019 against Mr. Vasanth Fernandes, his wife and his children alleging that Mr. Vasanth Fernandes and his family had damaged the sump connection and had illegally obtained another connection to pump water without her notice
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 and were drawing water from the sump. She alleged that when she was videographing it, Mr. Vasanth Fernandes kicked her and assaulted her and her mother-in-law - Mrs. Jessi Fernandes. Based on this, a case in Crime No.380/2019 was registered by the respondent No.1 for the offences punishable under Sections 341, 354 and 504 read with Section 34 of IPC. The jurisdictional Police took up investigation and filed a charge sheet cognizance of which was taken by the Trial Court in terms of the order dated 21.06.2021 for the aforesaid offences and directed office to register criminal case, which was numbered as C.C. No.52967/2021, against accused Nos.1 and 2 and process was issued to them and accused Nos.3 to 5 in the charge sheet were given up. The charge sheet filed in C.C No.52967/2021 is challenged in Crl.P. No.5935/2021.
24. A few months later, Mrs.Maritta F. Fernandes, the wife of Mr. Vasanth Fernandes lodged a complaint on 10.02.2020 against Mrs.Pooja alleging that there was an ongoing dispute between her husband and his brother over the property which was the subject matter of a dispute before the
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 Civil Court and that her family had installed a half HP motor to pump water from the sump to the first floor. She alleged that on 10.02.2020 at about 3.30 p.m. when herself and her eldest and youngest sons were storing water, Mrs.Pooja started clicking photos of her sons and damaged the pump connected to the sump to ensure that water is not pumped up. Based on this complaint, a case in Crime No.43/2020 was registered for the offences punishable under Sections 427, 504 and 430 of IPC and after investigation, a charge sheet was filed cognizance of which was taken by the Trial Court in term of the order dated 13.08.2020 for the aforesaid offences and C.C. No.53491/2020 was registered. The petitioner in Crl.P. No.6902/2022 has challenged the charge sheet filed in C.C. No.53491/2020.
25. A month thereafter, Mr. Harish Fernandes lodged a complaint against his brother - Mr. Vasanth Fernandes and his family members on 25.03.2020 stating that on the said day at about 9 p.m., Mr. Vasanth Fernandes brought a bowl of water and claimed that it contained Corona virus and splashed it inside the house. When Mr. Harish Fernandes questioned him,
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 Mr. Vasanth Fernandes, assaulted him on his face. He alleged that when Mr. Vasanth Fernandes was about to sprinkle the infected water on Mrs. Pooja Fernandes, he snatched the bowl away from Mr. Vasanth Fernandes at which point of time, the wife of Mr. Vasanth Fernandes and his children ganged up and assaulted him with the bowl and dragged him around and outraged the modesty of his mother, who intervened. He also alleged that Mr. Vasanth Fernandes and his family members assaulted and outraged the modesty of his wife - Mrs. Pooja, who intervened at that time. Based on this complaint, a case in Crime No.109/2020 was registered for the offences punishable under Sections 323 and 354 read with Section 34 of IPC. After investigation, a charge sheet was filed for the offences punishable under Sections 323, 354 and 504 read with Section 34 of IPC and the Trial Court in terms of the order dated 13.08.2020, took cognizance of the offences punishable under Sections 323, 354, 504 read with Section 34 of IPC and directed office to register criminal case, which was numbered as C.C. No.53502/2020, against the accused Nos.1 to 3 and 5,
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 and to issue process to the said accused while accused No.4 was given up. The petitioners have challenged the charge sheet in C.C. No.53502/2020 in Crl. P. No.7602/2020.
26. Following this, a complaint was lodged by Mr. Vasanth Fernandes on 26.03.2020 against Mr.Harish Fernandes and Mrs. Pooja contending that on 25.03.2020 at about 9.00 p.m., when he was sprinkling holy water on the house and the compound, Mr. Harish Fernandes and Mrs. Pooja obstructed him and abused him. He alleged that when his son - Mr. Nihar intervened, Mr. Harish Fernandes held him by his neck and dragged him around. He claimed that he could not resist the acts of Mr. Harish Fernandes and when his other son - Mr. Hiren came to rescue, he was kicked in the stomach by Mr. Harish Fernandes. He alleged that Mrs.Pooja assaulted Mr. Rajit, the third son of Mr.Vasanth Fernandes and Mr.Harish Fernandes molested the wife of Mr.Vasanth Fernandes who came to rescue them. Based on this, a case in Crime No.110/2020 was registered for the offences punishable under Sections 341, 323 and 354 read with Section 34 of IPC. The
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 jurisdictional Police after investigation filed a charge sheet for the aforesaid offences. The Trial Court in terms of the order dated 22.10.2020, took cognizance of the aforesaid offences and directed office to register criminal case, which was numbered as C.C. No.5461/2020, against the accused Nos.1 and 2 and issued summons to them. Petitioners in Crl.P. No.1566/2022 have challenged the FIR and charge sheet in C.C. No.54614/2020.
27. This apart, Mr. Vasanth Fernandes had lodged a complaint accusing Mrs. Pooja, another lady named Mrs.Premakumari and Mr.Harish Fernandes of touching the private parts of his son Mr. Hiran based upon which a case in Crime No.105/2017 by Ashoknagar Police Station was registered and the jurisdictional Police after investigation filed a charge sheet. Cognizance was taken for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') and Spl. C.C. No.532/2018 was registered for the aforesaid offences. However, on the application filed by Mrs. Premakumari and
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 Mrs. Pooja and Mr. Harish Fernandes in Crl.R.P. No.1033/2019 before this Court, this Court in terms of the order dated 18.09.2019 discharged them for the offence punishable under Section 8 of the POCSO Act and set them free and directed the learned Sessions Judge to remit back the case to the jurisdictional Magistrate since the said offences were triable by the Court of Magistrate.
28. The aforesaid Criminal cases have definitely spilled out of the claim between Mr. Vasanth Fernandes and Mr. Harish Fernandes to the property that stood in the name of Mr.Sebastian Fernandes. A perusal of all the complaints lodged by the complainants in all these cases goes to show that these are all minor scuffles between two persons having a grievance over sharing the property. In many of the cases where the offences under Sections 323, 324 of IPC are alleged, there are no injuries found on the body of any of the complainants. At the most, it could be said that when Mr. Vasanth Fernandes and Mr. Harish Fernandes were quarrelling over a property, they could have caused some "harm" to each other, which is
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 not an offence as provided under Section 95 of IPC. When two siblings are quarelling over one property and when the mother stands by one of them, emotions are bound to flare up and every act of each other would be construed as a sinister attempt to outwit the other.
29. In so far as the allegation of commission of offences punishable under Sections 504 or 506 of IPC, if Mr. Vasanth Fernandes and Mr. Harish Fernandes had an issue over the sharing of the property, the day to day outbursts against each other cannot be treated as an offence under Section 504 or under Section 506 of IPC. Since this Court feels that minor issues have been blown out of proportion by both Mr. Harish Fernandes and Mr. Vasanth Fernandes and having regard to the fact that the witnesses cited in all these cases are members of the same family, it is very unlikely that the Trial Court could have a glimpse of the incident as it happened but would get a jaundiced eye version, resulting in wasteful exercise of judicial time. It is rather shocking how the jurisdictional police have filed charge sheets in such innocuous cases but gives an
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 impression that it is done due to some extraneous consideration. This Court would have imposed exemplary costs for wasting valuable time of the police and the Trial Court but desists from doing so, in the fond hope that the brothers find a peaceful resolution of their dispute. Consequently, it is appropriate that all these cases are put an end to by directing the parties to work out their remedies before the Civil Court. It is also necessary to warn both Mr. Vasanth Fernandes and Mr. Harish Fernandes and their family members not to henceforth lodge any frivolous, flimsy complaints against each other and the jurisdictional Police is directed not to entertain any flimsy, frivolous complaints by either Mr. Vasanth Fernandes or Mr. Harish Fernandes. If any complaint is so lodged, the same shall be placed before the Commissioner of Police, who shall consider whether the case presents any cognizable offence which requires to be investigated or not.
30. In view of the above, Crl. P. No.2660/2018 is allowed. The impugned prosecution of the petitioners / accused Nos.1 and 2 in C.C. No.59595/2017 pending trial before the
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 is quashed.
31. Crl. P. No.2659/2018 is allowed. The impugned prosecution of the petitioners / accused Nos.1, 6 and 7 in C.C. No.59599/2017 pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 448, 341, 427 and 149 of the Indian Penal Code, 1860 is quashed.
32. Crl. P. No.1790/2019 is allowed. The impugned prosecution of the petitioners / accused Nos.1 to 3 in C.C. No.59610/2017 pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 is quashed.
33. Crl. P. No.1791/2019 is allowed. The impugned prosecution of the petitioners / accused Nos.1 and 2 in C.C.
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 No.59118/2018 pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 323, 506 read with Section 34 of the Indian Penal Code, 1860 is quashed.
34. Crl. P. No.1792/2019 is allowed. The impugned prosecution of the petitioners / accused Nos.1 and 2 in C.C No.52669/2019 (arising out of Crime No.342/2018 registered by respondent No.1) pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 341, 323, 324, 504, 506 read with Section 34 of the Indian Penal Code, 1860 is quashed.
35. Crl. P. No.8342/2019 is allowed. The impugned prosecution of the petitioner/accused No.2 in C.C. No.52668/2019 pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 427, 323 read with Section 34 of the Indian Penal Code, 1860 is quashed.
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022
36. Crl. P. No.7602/2020 is allowed. The impugned prosecution of the petitioners / accused Nos.1, 2, 3 and 5 in C.C. No.53502/2020 pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 323, 354 and 504 read with Section 34 of the Indian Penal Code, 1860 is quashed.
37. Crl.P. No.5935/2021 is allowed. The impugned prosecution of the petitioners / accused Nos.1 and 2 in C.C. No.52967/2021 pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 341, 354 and 504 read with Section 34 of the Indian Penal Code, 1860 is quashed.
38. Crl.P. No.1566/2022 is allowed. The impugned prosecution of the petitioners / accused Nos.1 and 2 in C.C. No.54614/2020 pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 341, 323, 354 read with Section 34 of the Indian Penal Code, 1860 is quashed.
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022
39. Crl.P. No.6697/2022 is allowed. The impugned prosecution of the petitioners / accused Nos.1 and 2 in C.C. No.52564/2020 pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, for the offences punishable under Sections 289, 504 and 506 read with Section 34 of IPC is quashed.
40. Crl.P. No.6902/2022 is allowed. The impugned prosecution of the petitioner / accused No.1 in C.C No.53491/2020 pending trial before the XXIX Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru City, for the offences punishable under Sections 427, 504 and 430 of IPC is quashed.
41. The jurisdictional Police, namely, respondent No.1 in all these cases is directed not to entertain any complaint by either Mr. Vasanth Fernandes or Mr. Harish Fernandes or any of their family members or near relatives in respect of any issue which is either flimsy or frivolous. If any complaint is lodged, the respondent No.1 shall place the same before the
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NC: 2023:KHC:31657 CRL.P No. 2660 of 2018 C/W CRL.P No. 2659 of 2018, CRL.P No. 1790 of 2019, CRL.P No. 1791 of 2019, CRL.P No. 1792 of 2019, CRL.P No. 8342 of 2019, CRL.P No. 7602 of 2020, CRL.P No. 5935 of 2021, CRL.P No. 1566 of 2022, CRL.P No. 6697 of 2022, CRL.P No. 6902 of 2022 Commissioner of Police, Bengaluru City, who shall consider whether the case presents commission of a cognizable offence which requires to be investigated.
Sd/-
JUDGE SMA List No.: 1 Sl No.: 67