Karnataka High Court
Smt. Venkatamma vs State Of Karnataka on 15 November, 2018
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
CRIMINAL PETITION No.5601 OF 2013
BETWEEN
1. SMT. VENKATAMMA
WIFE OF KRISHNAPPA
(FIRST HUSBAND NAME
LATE AKKA NELLEPPA)
AGED ABOUT 60 YEARS
R/O BASAPURA VILLAGE
TEKAL HOBLI, MALUR TALUK
KOLAR DISTRICT
PINCODE 563130.
2. C NARAYANAPPA
@ NARAYANASWAMY
SON OF LATE K CHINNAPPA
AGED ABOUT 45 YEARS
R/O DODDA SABBENHALLI VILLAGE
MALUR TALUK
KOLAR DISTRICT
PINCODE 563130.
3. K V MUNIVENKATE GOWDA
@ K V M GOWDA
@ RAJANNA
SON OF VENKATASWAMY GOWDA
AGED ABOUT 45 YEARS
R/O KALKERE VILLAGE
LAKKUR HOBLI, PRESENTLY AT
2
ARALERI ROAD
MALUR TOWN
KOLAR DISTRICT
PINCODE 563130.
4. T KRISHNAPPA
SON OF THIMMARAYAPPA
AGED ABOUT 42 YEARS
R/O HULIMANGALA VILLAGE
MALUR TALUK
PRESENTLY RESIDING NEAR
REDDY CHOULTRY
MALUR TOWN
KOLAR DISTRICT
PINCODE 563130.
... PETITIONERS
(BY SRI. ANANTHARAMA C, ADVOCATE)
AND
1. STATE OF KARNATAKA
REPRESENTED BY
POLICE SUB INSPECTOR
MALUR POLICE STATION
MALUR-563 130
2. SMT. VENKATAMMA
WIFE OF LATE AKKA NELLEPPA
AGED ABOUT 74 YEARS
R/O SEEKANAPALLI GRAMA
B KURUBARHALLI POST
HOSURU TALUK
KRISHNAGIRI DISTRICT
TAMIL NADU
PINCODE 600 143.
3. S M RAMAKRISHNAPPA
S/O K MUNIYAPPA
AGED 61 YEARS
3
R/OF DODDA SABBENHALLI VILLAGE
KASABA HOBLI
MALUR TALUK
PINCODE 563130.
... RESPONDENTS
(BY SRI. S. RACHAIAH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C PRAYING TO QUASH THE ENTIRE
PROCEEDINGS AGAINST PETITIONERS IN C.C.NO.263/11
PENDING CONSIDERATION ON THE FILE OF THE PRL.
CIVIL JUDGE (JR.DN.) AND JMFC, MALUR, KOLAR DIST.
VIDE ANNEXURE-A AND QUASH THE CHARGE SHEET
AGAINST PETITIONER IN C.C.NO.263/2011 PENDING
CONSIDERATION ON THE FILE OF THE PRL. CIVIL JUDGE
(JR.DN.) AND JMFC, MALUR, KOLAR DISTRICT VIDE
ANNEXURE-A.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Heard Shri. Anantharama. C, learned advocate for the petitioners and Shri. S. Rachaiah, learned HCGP for the state.
2. The second respondent filed FIR in Crime No.190/2008 in Malur Police Station alleging 4 commission of offence punishable under Sections 465 and 420 IPC read with Section 34 IPC, stating that by gift deed prepared in the name of second respondent the agricultural property belonging to her has been transferred in the name of one C.Narayanappa- accused No.2. After investigation the Police have filed charge sheet.
3. The complaint is of the year 2008. To a query posed by this Court, the learned advocate for the petitioner submits that the evidence of the parties is being recorded.
4. The ground for interference urged by the learned advocate for the petitioners is that the investigation is not proper and he prays that the fresh investigation may be ordered. 5
5. Shri S.Rachaiah, learned HCGP submits that the allegations of impersonation is a matter which requires evidence.
6. In substance, the learned advocate for the petitioners submits that the petitioners are innocent and they are implicated due to imperfect investigation. The undisputed fact is, pursuant to a complaint of impersonation, charge sheet has been filed.
7. The plea of innocence urged on behalf of the petitioners is a matter which will have to be decided after trial.
8. In the facts and circumstances of the case, no grounds are made out for interference under Section 482 Cr.P.C. Petition fails and is accordingly dismissed.
6
In view of the dismissal of the petition, I.A.No.1/2013 does not survive for consideration and is accordingly dismissed.
No costs.
Sd/-
JUDGE JT/-