Karnataka High Court
Hema Mahesh @ Hema Mahaeshwara Rao ... vs The State Of Karnataka on 27 February, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:8149
CRL.P No. 11672 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11672 OF 2023
BETWEEN:
1. HEMA MAHESH @ HEMA
MAHAESHWARA RAO SABHAVAT
S/OF DEVADAS,
AGED ABOUT 52 YEARS,
R/AT NO. 61110, NIKO HOMES-1,
BHARATIYA CITY, CHOKENAHALLI,
THANISANDRA
BANGALORE - 560064.
2. SHIVAPRASANNA KUMAR
S/OF PAPANNA P
AGED ABOUT 39 YEARS,
R/AT NO. 6, 39 YEARS,
R/AT NO. 6 3RD MAIN,
NEAR MURALI GAS AGENCY,
RAMAJANEYA LAYOUT,
BANGALURU - 37.
Digitally signed
by NANDINI MS 3. SMT PAYAL JAIN
Location: HIGH W/OF SRI VISHAL,
COURT OF
KARNATAKA AGED ABOUT 36 YEARS,
R/AT NIKOO HOMES-1,
BHARATIYA CITY, CHOKENAHALLI,
THANISANDRA,
BANGALURU - 560064.
4. SRI VISHAL
S/OF DIVAKAR B S
AGED ABOUT 37 YEARS,
R/AT NIKOO HOMES01
BHARATIYA CITY, CHOKENAHALLI,
THANISANDRA,
BANGALURU - 5600064.
-2-
NC: 2024:KHC:8149
CRL.P No. 11672 of 2023
5. VISHWANATH S R
S/O FLATE RASHEKARAIAH,
AGED ABOUT 69 YEARS,
R/AT NO. F605, ALPINE PYRAMID
RAJIVGANDHINAGAR,
CANARA BANK LAYOUT,
SAHAKAR NAGAR,
BANGALURU - 560097
...PETITIONERS
(BY SRI PRASANNA D.P., ADV.)
AND:
1. THE STATE OF KARNATAKA
BY KOTHANURU POLICE STATION,
BANGALURU
REP BY SPP,
HIGH COURT COMPLEX,
BENGALURU - 560001.
2. SRI SARANABASAVA B
AGED ABOUT 27 YEARS,
POLICE CONSTABLE
PC NO. 17826
KOTHANURU POLICE STATION,
BANGALURU - 560077
...RESPONDENTS
(BY SMT. K.P.YASHODHA, HCGP FOR R-1 & 2)
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.51913/2023 ON THE FILE OF THE
XI ADDL.C.M.M AT BENGALURU FOR THE OFFENCE P/U/S
341,283,290,145,147 R/W 149 OF IPC OF 1ST RESPONDENT
KOTHANURU POLICE IN THEIR IN CR.NO.155/2023 AS PER
ANNEXURE-A IN RESPECT TO THE PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Petitioners, who are arrayed as accused nos.1, 2 & 5 to 7 in C.C.No.51913/2023 pending before the Court of XI Addl. -3-
NC: 2024:KHC:8149 CRL.P No. 11672 of 2023 Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.155/2022 registered by Kothanur Police Station, Bengaluru City, for the offences punishable under Sections 341, 145, 147, 283, 290, 149 IPC, are before this Court with a prayer to quash the entire proceedings in the said case against them.
2. Heard the learned Counsel for the parties.
3. Learned Counsel for the petitioners submits that in the complaint, there is no averment with regard to the presence of the accused persons at the spot. Merely for the reason that they are the office bearers of the Apartment Association, they have been arrayed as accused. He, accordingly prays to allow the petition.
4. Learned HCGP has opposed the petition. She submits that investigation in the case is complete and charge sheet has been filed, and there is material to connect the petitioners to the crime. Accordingly, she prays to dismiss the petition.
5. The allegation against the accused in the complaint and the charge sheet is that on 01.10.2022 in Bharathiya City Niko Homes Park and also in the adjacent vacant property, Lord Ganesha's Idol was installed and as a result movement of -4- NC: 2024:KHC:8149 CRL.P No. 11672 of 2023 public was affected. On information, the jurisdictional police had gone to the alleged spot where Lord Ganesha's Idol was installed and inspite of the police officials trying to pacify the crowd who had gathered at the spot as a result of the traffic congestion, the people gathered there did not listen to the words of the police, and on the other hand, they tried to create nuisance and continue to obstruct the public road.
6. The material on record would go to show that the petitioners herein are arrayed as accused in the case only for the reason that they are the office bearers of Bharathiya City Niko Homes Park Apartment Association. There is no material on record to show that the accused persons were present in the spot and they were the persons who had blocked the public way or had created public nuisance.
7. According to the prosecution case, there were several people gathered at the spot and the police were not able to pacify the crowd. In the complaint as well as in the charge sheet, it is alleged that there were several outsiders present in the spot. In the complaint, it is averred that there were about more than 45 to 50 people who were obstructing public way. -5-
NC: 2024:KHC:8149 CRL.P No. 11672 of 2023 Charge sheet is only filed as against eight accused. From a reading of the complaint as well as the charge sheet allegations, it cannot be said that the petitioners were the cause for causing public nuisance or for blocking the public way. Under the circumstances, I am of the opinion that continuation of criminal prosecution against the accused would amount to abuse of process of law. Accordingly, the following order:
8. Petition is allowed. The proceedings in C.C.No.51913/2023 pending before the Court of XI Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.155/2022 registered by Kothanur Police Station, Bengaluru City, for the offences punishable under Sections 341, 145, 147, 283, 290, 149 IPC, in so far as the petitioners herein are concerned, stands quashed.
Sd/-
JUDGE KK