Karnataka High Court
Gurupadappa Arakere vs The State Of Karnataka on 9 November, 2020
Author: K.Somashekar
Bench: K.Somashekar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO.2475 OF 2013
BETWEEN
1. Gurupadappa Arakere
S/o Mallappa
Aged about 66 years
R/at Akkamadevi Road
Anand Hospital Road
Bijapur-586101.
2. Smt. Annapurna
W/o Gurupadappa Arakere
Aged about 57 years
R/at Akkamadevi Road
Anand Hospital Road
Bijapur-586101.
3. Suvarna G. Sankad
W/o J.C. Sankad
Aged about 33 years
R/at No.25, Srinagara Colony
Sollapura Road
Bijapur-586 101.
4. Sathish G. Arakere
S/o Gurupadappa
Aged about 26 years.
R/at Akkamadevi Road
Anand Hospital Road
Bijapur-586101. ... Petitioners
(By Sri. Satish R. Girji, Advocate)
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AND
1. The State of Karnataka
By Kadugodi Police Station
Bangalore - 560 001.
2. Hanumantharayappa
S/o Revappa Utagi
Aged about 55 years
R/at Mathru Krupa House
K.C. Nagar, Sollapur Road
Bijapur 586 201. ... Respondents
(By Smt. Rashmi Jadhav, HCGP for R-1;
Sri Sanjay Utagi - Advocate and
Sri Dr. P. Ravishankar - Advocate for R-2)
This Criminal Petition is filed under Section 482 of
the Code of Criminal Procedure, praying to, quash the
entire proceedings in S.C.No.101/2013 pending on the file
of the F.T.C.-III, Bangalore Rural, Bangalore.
This Criminal Petition coming on for Hearing, this
day, the court made the following:
ORDER
Learned counsel Shri Satish R. Girji for the petitioners and the learned counsel Dr. P. Ravi Shankar for Respondent No.2 are present before court physically.
2. This petition is filed seeking to quash the entire proceedings initiated by the complainant in S.C.No.101/2013 in respect of the case in Cr.No.77/2012 :3: of Kadugodi P.S. for the offences punishable under Sections 498A, 304B, 302 read with Section 34 of the IPC, besides Sections 3, 4 and 6 of the Dowry Prohibition Act.
3. Subsequent to registration of the crime, the I.O. had taken up the case for investigation and after thoroughly investigating the case, filed the charge-sheet against the accused before the Court of the Committal Magistrate in C.C.No.3960/2012. Subsequently, the case was committed to the Sessions Court and assigned S.C.No.101/2013 on the file of the Fast Track Court-III, Bangalore Rural, Bangalore.
In this petition, petitioner is seeking to quash the entire criminal proceedings in S.C.No.101/2013 which is pending on the file of the Fast Track Court-III, Bengaluru Rural District, Bengaluru.
4. However, the respondent / complainant had filed Crl.P.1577/2014 before this court seeking transfer of the case in S.C.No.101/2013. The aforesaid criminal petition came to be allowed and the case in S.C.No.101/2013 was transferred to the District and Sessions Court of :4: Vijayapura District, by order dated 27.09.2016. Subsequent to the said order on a petition filed under Section 407 of the Cr.P.C., the case has been transferred to the court in the jurisdiction of Vijayapura District and the case has been assigned to the Court of the III Addl. District & Sessions Judge, which is numbered as S.C.No.63/2018. Subsequently, the case in S.C.No.63/2018 is pending for trial before the Court of the III Addl. District and Sessions Judge, Vijayapura.
5. This petition is filed seeking to quash the entire criminal proceedings in S.C.No.101/2013 which is relating to the case in S.C.No.63/2018. However, interim stay has been granted earlier in this petition relating to the case in S.C.No.101/2013, which has been continued from time to time.
Therefore, there is no progress of the case in S.C.No.63/2018 initiated against Accused Nos.1 to 5 which has been registered in the transferee court in the jurisdiction of Vijayapura District.
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6. Whereas in this petition, learned counsel for the petitioners has filed I.A.No.3/2020 seeking amendment of the present petition to add additional grounds from paragraph 9 onwards and to further amend the prayer to include the prayer as regards quashing the entire proceedings in S.C.No.63/2018 pending before the III Addl. District & Sessions Judge, Vijayapura and to further quash the impugned order dated 26.11.2019 rendered in S.C.No.63/2018 rejecting the application under Section 227 Cr.P.C. and to direct the Trial Court to reconsider the application filed by the petitioners under Section 227 of the Cr.P.C. seeking discharge.
7. However, in pursuance of the order passed by this court in Crl.P.No.1577/2014 dated 27.09.2016, the case in S.C.No.101/2013 had been transferred to the transferee court in the jurisdiction of District and Sessions Judge, Vijayapura. Subsequently, the case has been assigned to the Court of the III Addl. District & Sessions Judge, Vijayapura in S.C.No.63/2018. Therefore, the entire case in S.C.No.63/2018 has come :6: under the jurisdiction of the High Court of Karnataka, Kalaburagi Bench. Hence, whatever the order passed in this Criminal Petition is required to be challenged before the Bench at Kalaburagi.
8. Therefore, keeping in view the submission made by the learned counsel for the petitioners and so also the order obtained by the complainant / petitioner in Crl.P.No.1577/2014 transferring the case in S.C.No.101/2013 to the transferee court of Vijayapura District, it is appropriate for this matter to be transferred to High Court of Karnataka, Kalaburagi Bench.
9. Hence, the Registry of this court shall obtain necessary orders from the Hon'ble Chief Justice to transfer the entire criminal petition to the High Court of Karnataka, Kalaburagi Bench in order to deal with this matter in accordance with law relating to the case in S.C.No.63/2018 (Old S.C.No.101/2013).
In this petition, interim stay has been granted relating to the case in S.C.No.101/2013. The said stay shall operate even in respect of S.C.No.63/2018. :7:
However, the present petition is hereby disposed of, for statistical purposes.
Registry is directed to transmit the entire records pertaining to this file to the Kalaburagi Bench, forthwith.
Ordered accordingly.
Sd/-
JUDGE KS