Karnataka High Court
Sriramulu P vs State Of Karnataka on 8 April, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:15209
CRL.P No. 9948 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 9948 OF 2023 (482)
BETWEEN:
1. SRIRAMULU P
S/O LATE THIPPESWAMY
AGED ABOUT 70 YEARS
#1-1-195, 3RD ROAD
PEDDA MUTAYALAMMA COLONY
ANATHAPURA, ANANTHAPURAM DISTRICT
ANDRA PRADESH-515 001.
2. SRI K. VIJAYKUMAR
S/O K VIRUPAKSHAPPA
AGED ABOUT 31 YEARS
SIDDESHWARA NILAYA
SHANTHINAGAR, RAYADURGA TOWN
ANANTHAPUR DISTRICT
ANDRA PRADESH-515 001.
...PETITIONERS
(BY SRI. RANGANATH REDDY R., ADVOCATE)
Digitally signed by B AND:
K
MAHENDRAKUMAR
Location: High
Court of Karnataka
STATE OF KARNATAKA
SHIVAMOGGA RURAL POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BANGALORE CITY-560 001.
...RESPONDENT
(BY SRI. B.A. BELLIAPPA, SRP-I A/W
SRI VINAY MAHADEVAIAH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE
ENTIRE PROCEEDINGS AGAINST THE PETITIONERS AND
REGISTRATION OF CASE IN FIR IN CRIME NO.24/2021
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NC: 2024:KHC:15209
CRL.P No. 9948 of 2023
REGISTERED BY RESPONDENT NO.1 POLICE STATION WHICH IS
NOW CHARGE SHEETED, COMMITTED PENDING AS S.C.
NO.87/2021, PENDING ON THE FILE OF III ADDL. DISTRICT AND
SESSIONS JUDGE AT SHIVMOGGA FOR THE OFFENCE P/U/S 286,
304, 201 OF IPC AND SECTION 9(B) OF EXPLOSIVES ACT 1884 AND
SECTION 3(a)(b), AND 5 OF EXPLOSIVE SUBSTANCES ACT, 1908.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners are charge sheeted for the offences punishable under Sections 268, 304, 201 IPC and Section 9B Explosives Act, 1884 and Sections 3(a)(b) of the Explosives Substances Act, 1908.
2. The brief facts of the case are as follows:
i) On 22.01.2021, at 2.30 a.m., the SHO, Shivamogga Rural Police Station, received a written report sent by Police Sub-
Inspector through P.C. 2072 and 2093 and based on the said report, he registered a case in Crime No. 24/2021 for the offences punishable under Sections 9B of the Explosives Act, 1884 and under Section 5 of the Explosive Substances Act, 1908 and under Sections 286, 304 of IPC, 1860, against one Sudhakar B.V. petitioners-accused No.10, accused Nos.15 and 12.
ii) Contents of the report discloses that, when he was on duty, he received phone calls from the public of Kallunguru Village, alleging that they have heard loud noise of breaking of the glass of the windows and doors of the houses in their village. Immediately, he along with the ASI and other Police personnel rushed to the spot and enquired with the villages who informed that accused No.10 and accused No.2 had taken the land of Mr. -3- NC: 2024:KHC:15209 CRL.P No. 9948 of 2023 S.T. Avinash, on lease, and were visiting the said land frequently.
iii) On 21.01.2021, at 10.20 p.m., a vehicle carrying explosives blew up thereby damaging the glass of windows and doors of the nearby villages and upon receiving this credible information, he rushed to the spot where the alleged blast took place and it was uncovered that the whole place was covered with smoke and dust and fire at some places, and after a while, when the defacto complainant went to the crusher area where the blast happened, he found a lorry like vehicle completely damaged due to the blast, and parts of the human body and the vehicles were found scattered around the spot. On further interrogation, it was alleged that accused No.10 had taken the land in Sy.No.2 owned by accused Nos.11 and 12 and was running a stone crusher.
3. This Court by order dated 20.9.2023 quashed the impugned proceedings insofar as it relates to the accused Nos.2, 3 and 10 on the ground that the CEN Police Station under the notification/s is not conferred to investigate the offences punishable under the Indian Penal Code except the commission of offences under Sections 420, 409, 468, 467, 471, 498(A-E) of IPC, where the amount involved is above Rs.25 lakh. This petition also requires to be disposed of in light of the order dated 20.9.2023 passed by this Court in Crl.P.No.17268/2022 and connected matter . Accordingly, I pass the following:
ORDER
i) The petition is allowed.-4-
NC: 2024:KHC:15209 CRL.P No. 9948 of 2023
ii) The impugned proceeding in SC No.87/2021 pending on the file of the learned III Addl. District and Sessions Judge, Shivamogga, insofar as it relates to the petitioners - accused Nos.1 and 4 stands quashed.
iii) Liberty is reserved with the local police station i.e. Shivamogga Rural Police Station to conduct the investigation and submit final report in accordance with law.
iv) It is needless to state that the petitioners are at liberty to file an appropriate application to enlarge them on bail, and if such an application is filed, the Trial Court to consider the same in accordance with law.
Sd/-
JUDGE BKM