Karnataka High Court
Sri Siddaramappa, I.P.S. vs State Of Karnataka on 24 January, 2017
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24th DAY OF JANUARY, 2017
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.3212 OF 2013
C/W
WRIT PETITION NOs.24394-24409/2013 (GM-RES)
IN CRL.P.3212/2013
Between:
Sri. Siddaramappa, I.P.S.,
Aged about 48 years,
S/o Sri. S. Nagappa,
Deputy Commissioner of Police (West),
Bangalore City - 560 001. ...Petitioner
(By Shri. Raghavendra K., Advocate)
And:
1. State of Karnataka,
By the Station House Officer,
Bangalore Metropolitan Task
Force Police Station,
Bangalore - 560 001.
2. Sri. Muniyappa,
Major in age,
S/o Narakalappa,
2
Pattanagere Village,
Kengeri Hobli,
Bangalore - 560 098.
3. Sri. Anjanappa,
Major in age,
S/o Hanumaiah,
Pattanagere Village,
Kengeri Hobli,
Bangalore - 560 098. ...Respondents
(By Shri. Chetan Desai, HCGP for R1;
Shri. Krishna S Dixit, Advocate for R2 & R3)
---
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the first by B.M.T.F. Police in
Cr.No.89/2013 pending before the C.M.M., Bangalore as
against the petitioner for offence P/U/S 321(B) and (c) of
the Karnataka Municipal Corporation Act and U/S
192(A)(6) and 192(B) of the Karnataka Land Revenue Act.
IN W.P. NOs.24394-24409/2013
Between:
1. Mukthar Shariff,
Aged about 45 years,
S/o Mohammad Shariff,
33 B- Type BHEL Town Ship,
Vijayanagar,
Bangalore - 560 040.
2. A. Lakshman,
Aged about 57 years,
S/o Ambikapathi,
3
No.9/9, Rahul Nilayam,
Sunadagudu Compound,
Near Srinivas Theatre,
Gowdanapalya,
Bangalore - 560 061.
3. K.N. Rajeshwari,
Aged about 57 years,
W/o B.V. Prabhakar Murthy,
No.678, 1st 'C' Main Road,
3rd Block, 3rd Stage, 3rd Phase,
Banashankari, Bangalore - 560 085.
4. Y.B. Santosh,
Aged about 39 years,
S/o late Y.N. Balachandra,
No.138, 1st Floor, 4th Main,
Rajajinagar, Industrial Town,
Bangalore - 560 044.
5. M.V. Mahesh,
Aged about 41 years,
S/o M.N. Vishwanath,
No.975, SLV Homes Flat No.101,
8th Main, Girinagar, 2nd Phase,
Bangalore - 560 085.
6. Shylaja Jagadeesh,
W/o Sri. Jagadeesh,
Aged about 44 years,
No.605, 3rd Cross, 7th Main,
H.M.T. Layout, Ganganagar,
Bangalore - 560 032.
7. C. Keshavan,
S/o C. Chinnaiah,
4
Aged about 52 years,
No.8, 2nd Floor, 2nd Main,
2nd Cross, Azadnagar,
Chamarajpet, Mysore Road,
Bangalore - 560 018.
8. Rangaswamy Gowda,
S/o Sri. Nanjundaiah,
Aged about 39 years,
R/at Door No.29,
Basaveshwara Layout,
Chandra Layout,
Bangalore - 560 040.
9. T.J. Girish,
S/o late T.S. Jagadish Murthy,
Aged about 42 years,
No.333, 2nd Cross,
Girinagar 1st Phase,
Bangalore - 560 085.
10. J.M. Rekha,
D/o M. Gowda,
Aged about 36 years,
No.531, BHEL Layout,
Pattanagere South,
Rajarajeshwarinagara,
Bangalore - 560 098.
11. Jayamma,
Aged about 62 years,
W/o Chikkirappa,
No.332, Pattanagere South,
Rajarajeshwarinagara,
Bangalore - 560 098.
5
12. B.V. Kusumakar Shetty,
Aged about 55 years,
S/o Manjaiah Shetty,
No.601, B.H.E.L. Layout,
Pattanagere South,
Bangalore - 560 098.
13. Sri. E. Siddahanumappa,
Aged about 60 years,
R/at No.8, 2nd 'A' Cross,
Nagarabhavi Village,
Bangalore - 560 072.
14. Shakila S Shetty,
Aged about 50 years,
D/o Shetty,
No.5/7,Innova Residency,
Hariram Aildas Layout,
Near Shobha Hospital,
Vijayanagar,
Bangalore - 560 040.
15. B. Padmanabha Punja,
Aged about 55 years,
S/o R.S. Punja,
No.305, 5th Block, 60th Cross,
Bangalore - 560 040.
16. Venugopal,
Aged about 40 years,
R/at No.584, BHEL Layout,
Pattanagere South,
Rajarajeshwarinagara,
Bangalore - 560 098. ...Petitioners
(By Shri. Ravishankar D.R., Advocate)
6
And:
1. State of Karnataka,
Represented by its Principal Secretary,
Department of Home Affairs,
Vidhana Soudha,
Bangalore - 560 001.
2. ADGP, BMTF,
Bruhath Bangalore Mahanagara Palike,
Bangalore - 560 001.
3. Anjanappa,
S/o Gali Hanumaiah,
Age Major,
Pattanagere Village,
Kengeri Hobli,
Bangalore South Taluk - 560 001. ...Respondents
(By Shri. R. Anitha, HCGP for R1 & R2;
Shri. Krishna S Dixit, Advocate for R3)
These Writ Petitions are filed under Article 226 of the
Constitution of India r/w Section 482 of Cr.P.C. praying to
quash the FIR Annexure - M registered in Crime
No.89/2013 dated 25.05.2013 by the R2 and etc.,
These Petitions coming on for hearing this day, the
Court made the following:-
ORDER
These petitions are summarily allowed on the ground that the action initiated against the petitioners is by the 7 Bangalore Metropolitan Task Force which would have no jurisdiction in respect of the offence alleged and secondly Section 192-A of the Karnataka Land Revenue Act, 1964 has been invoked and which is not persuaded by a show cause notice. On both these grounds this Court has already taken a view in a petition filed by one of the accused in a very same case in Crl.P.No.3346/2013 that the proceedings are vitiated. Consequently, the present petitions are summarily allowed following the said order dated 21.11.2013 and the proceedings pending against the respective petitioners in these two petitions in Cr.No.89/2013 pending before the C.M.M., Bangalore stands quashed.
Sd/-
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