Sri Manjunath B K vs The State Of Karnataka on 2 July, 2019

[Cites 1, Cited by 0]

Karnataka High Court

Sri Manjunath B K vs The State Of Karnataka on 2 July, 2019

Bench: P.S. Dinesh Kumar

                         1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 2ND DAY OF JULY, 2019

                      BEFORE

     THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

               CRL. P. NO. 2221/2019

BETWEEN:

1.    SRI. MANJUNATH B.K
      S/O KARIYAPPA
      AGED ABOUT 34 YEARS
      RESIDING AT GURVAPURA
      GANADAL POST, HULIYAR HOBLI
      C.N. HALLI TALUK, TUMKUR DISTRICT
      PIN CODE - 572 218.

2.    SACHIN P
      S/O LATE PARAMESHWARAPPA
      AGED ABOUT 21 YEARS.

3.    SMT. KAVYA P
      W/O SRIDHAR T.M
      D/O LATE PARAMESHWARAPPA
      AGED ABOUT 24 YEARS.

4.    SMT. BHARATHAMMA
      W/O LATE PARAMESHWARAPPA
      AGED ABOUT 45 YEARS.

      PETITIONERS NO.2, 3 AND 4
      ARE RESIDING AT BEHIND
      SEETHARAM KALYANA MANTAPA
      HULIYUAR TOWN, C.N. HALL TALUK
      TUMKUR DISTRICT
      PINCODE - 572 218.
                                    ... PETITIONERS
(BY SRI. RAMACHANDRAIAH R., ADVOCATE)
                          2




AND:

1.   THE STATE OF KARNATAKA
     BY MADANAYAKANAHALLI
     POLICE STATION
     BANGALORE DISTRICT
     REPRESENTED BY ITS
     PUBLIC PROSECUTOR

2.   SRIDHAR T.M
     NO.53, GURUKRUPA
     3RD MAIN ROAD
     3RD CROSS, KALYANA NAGARA
     T. DASARAHALLI
     BANGALORE - 58.
                              ... RESPONDENTS

(BY SRI. NAGESHWARAPPA., HCGP FOR R-1;
SRI. M.T. RANGASWAMY., ADVOCATE FOR R-2)

     THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE PROCEEDINGS IN C.C.NO.2545/2018 ON
THE FILE OF ADDITIONAL CIVIL JUDGE AND J.M.F.C.,
NELAMANGALA,           BENGALURU          DISTRICT
DATED:29.12.2018/16.02.2019    VIDE    ANNEXURE-A
(CR.NO.292/2018) OF MADANAYAKANAHALLI POLICE
STATION.

     THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:


                       ORDER

Heard Sri Ramachandraiah R, learned counsel for the petitioners, Sri K.Nageswarappa, learned 3 HCGP for State and Sri M.T.Rangaswamy, learned counsel for respondent-2.

2. Petitioners have challenged the criminal proceedings initiated against them pursuant to charge sheet filed after investigation into FIR No.292/2018 registered by Madivala Police Station on 27.05.2018 for the offences punishable under Sections 341, 324, 504 and 506 read with Section 34 IPC.

3. Sri. Ramachandraiah, learned counsel for the petitioners submits that second respondent had married third petitioner herein. Marriage did not last long. Second respondent has married for the second time. However, due to inimical disposition, he filed a false complaint. In substance, it is submitted that there are serious contradictions in the complaint and panchanama and therefore, entire criminal proceedings amounts to abuse of process of law. Accordingly, he prays for allowing the petition. 4

4. Learned HCGP for respondent-State argued opposing the petition.

5. Second respondent has filed a complaint alleging specific overt acts against petitioners. After investigation, police have already filed the charge sheet. The plea of innocence is a matter that can be decided only after trial. Resultantly, the petition fails and it is accordingly dismissed.

Sd/-

JUDGE *sp

Unlock Advanced Research with PRISMAI

Karnataka High Court