Karnataka High Court
Sri. Sathish Kundal vs State Of Karnataka on 26 April, 2017
Author: Anand Byrareddy
Bench: Anand Byrareddy
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.8359 OF 2016
BETWEEN:
1. SRI. SATHISH KUNDAL
S/O LATE CHINAPPA KUNDAL
AGED ABOUT 47 YEARS,
R/AT NO.6/59, KAMALA HOUSE,
ULIYARA GULI VILLAGE,
KAUP POST, UDUPI-574 106.
2. SRI LINGARAJU,
S/O MAHESHWARAPPA
AGED ABOUT 33 YEARS
R/AT NO 308,
13TH MAIN ROAD,
6TH CROSS ROAD,
HMT LAYOUT, MATTIKERE,
BENGALURU - 560054
3. SRI SANDEEP,
S/O NARAYANA REDDY
AGED ABOUT 28 YEARS
R/AT NO 38/A,
SARVAREDDY HALLI VILLAGE,
BANGARPET TALUK, KOLAR DIST - 563114.
4. SRI SHIVAKUMAR,
S/O TOLAPPA NAYAK,
AGED ABOUT 35 YEARS,
R/AT NO 516-10,
SADASHIVANAGAR,
ATTIBELE, BENGALURU - 562107.
5. SRI MANJUNATH,
S/O PULLE GOWDA
AGED ABOUT 27 YEARS
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R/AT NO 38,
MAYAGANAHALLI VILLAGE,
KASABA HOBLI,
NAGAMANGALA TALUK,
MANDYA DIST - 571432.
6. SRI MAHESH CHANDRA,
S/O DEVARAJE GOWDA
AGED ABOUT 25 YEARS
R/AT NO 90, HIRIMADAHALLI,
VILLAGE, PANDAVAPURA,
MANDYA DIST - 571434.
7. SRI ANAND,
S/O NAGANNA,
AGED ABOUT 34 YEARS,
R/AT: HALAMATTI GATTI VILLAGE,
BELAGOLA HOBLI,
CHANNARAYAPATTANA TALUK,
HASSAN DISTRICT-573116
8. SRI VIMAL MUKIYA,
S/O ARJUN MUKIYA,
AGED ABOUT 36 YEARS,
R/AT: BATHODIWALA VILLAGE,
BANIPUR POST, DHARBHANGA DIST,
BIHAR-846004.
9. SRI CHETHAN,
S/O H.C.CHANDRAPPA,
AGED ABOUT 32 YEARS,
R/AT HANDIGE HOSAGADDE
VILLAGE AND POST, TIRTHAHALLI,
SHIMOGGA-577432.
10. MR. RASHIDH HUSSAIN KHAN,
S/O MOHAN,
AGED ABOUT 22 YEARS,
R/AT KELYADIN BHAG,
KOLIYA BAR, JAKALBANDH TALUK,
NAGAON DIST, ASSAM-782120.
11. SRI MADHU,
S/O RAJI GOWDA,
AGED ABOUT 22 YEARS,
R/AT SHISHANERI VILLAGE,
K.R.PET POST, MANDYA-571401
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12. SRI PRAKASH,
S/O VENKATESH,
AGED ABOUT 32 YEARS,
R/AT OPP MAHESH BAR,
DOCTOR BUILDING,
14TH CROSS, WILSON GARDEN,
BENGALURU-560027.
13. SRI MANJE GOWDA
S/O LINGE GOWDA,
AGED ABOUT 33 YEARS,
C/O PARVATHAMMA,
NEAR LAXMI TALKIES,
TAVAREKERE, BENGALURU - 560 030.
14. SRI MANJE GOWDA,
S/O NAGARAJ,
AGED ABOUT 29 YEARS,
R/AT CHANDRA MAHAL BUILDING,
OPP. AKENT BAR, 6TH CROSS,
PALACE GUTTAHALLI, VINAYAKA CIRCLE,
BENGALURU - 560 003.
15. SRI NAVEEN,
S/O SHEKAR JATHAN
AGED ABOUT 27 YEARS,
R/AT NO. 74/1, INNANGI VILLAGE,
BALOCK NO.1 AND 2,
SRI VISHNU MURTHY
HAYAVADHAN SWAMY SCHOOL,
UDUPI - 572 116.
16. MR. ARITHISH,
S/O MANJUNATH,
AGED ABOUT 25 YEARS,
R/AT AYYAPPA BUILDING,
10TH CROSS, EJIPURA,
BENGALURU - 560 047.
17. MR. SACHIN,
S/O. SATHISH,
AGED ABOUT 30 YEARS,
R/AT NO. 58,
6TH CROSS,
VENKATESHWARA NAGARA,
BENGALURU 560026.
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18. SRI. SANTHOSH,
S/O. KARIYAPPA,
AGED ABOUT 27 YEARS,
R/AT TAMILPURA VILLAGE,
SHIKARIPURA TALUK,
SHIMOGGA 577 427.
19. SRI. UMESH,
C/O. M/S. DAWAT BAR
AND RESTAURANT, FLOOR MANAGER,
AGED ABOUT MAJOR,
R/AT NO. 340, 3RD FLOOR,
MARUTHI PLAZA, 7TH BLOCK,
KORAMANGALA,
BENGALURU 560095.
20. SRI. HARISH,
C/O. M/S. DAWAT BAR AND
RESTAURANT, CASHIER,
AGED ABOUT MAJOR,
R/AT NO. 340, 3RD FLOOR,
MARUTHI PLAZA, 7TH BLOCK,
KORAMANGALA,
BENGALURU 560095.
21. SRI. MANJUNATH,
S/O. RANGANATHAPPA,
AGED ABOUT 28 YEARS,
R/AT OBERU VILLAGE,
HIRIYUR TALUK,
CHITRADURGA 577598.
22. SRI. CHETHAN,
S/O. ASHWATH,
AGED ABOUT 22 YEARS,
R/AT SHILANERE VILLAGE,
K.R. PET TALUK,
MANDYA 571401.
23. SRI. PADHMANABHA.S @ RAVI,
S/O SIDDEGOWDA,
AGED ABOUT MAJOR,
R/AT OLD ATTIGUPPE VILLAGE,
DODDASUMANAHALLI POST,
SANTHEBACHEHALLI HOBLI,
K.R. PET TALUK,
MANDYA-571 401.
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24. MR. DINESH G. SHETTY,
S/O BHASKAR SHETTY,
AGED ABOUT 49 YEARS,
R/AT: NO.202-A, 2ND FLOOR,
MEGHANA APARTMENT,
KORAMANGALA VI BLOCK,
BANGALORE-560 095.
25. SRI. MURTHY KUMAR,
C/O M/S DAWAT BAR AND
RESTAURANT, 2ND FLOOR
MANGAGER, AGED ABOUT MAJOR,
R/AT NO.340, 3RD FLOOR,
MARUTHI PLAZA,
7TH BLOCK, KORAMANGALA,
BENGALURU-560 095.
26. SRI. HARISH,
C/O M/S DAWAT BAR AND
RESTAURANT, 3RD FLOOR MANGAGER,
AGED ABOUT MAJOR,
R/AT NO.340, 3RD FLOOR,
MARUTHI PLAZA,
7TH BLOCK, KORAMANGALA,
BENGALURU-560 095.
27. SRI. UMESH
S/O CHANDRAPPA SHETTY,
AGED ABOUT 34 YEARS,
C/O M/S DAWAT BAR AND
RESTAURANT, MANGAGER,
R/AT NO.340, 3RD FLOOR,
MARUTHI PLAZA,
7TH BLOCK, KORAMANGALA,
BENGALURU-560 095.
28. SRI. SHASHIKANTH,
C/O M/S DAWAT BAR AND
RESTAURANT, MANGAGER,
AGED ABOUT MAJOR,
R/AT NO.340, 3RD FLOOR,
MARUTHI PLAZA,
7TH BLOCK, KORAMANGALA,
BENGALURU-560 095.
... PETITIONERS
(BY SRI BHARATH KUMAR V., ADVOCATE )
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AND:
1. STATE OF KARNATAKA
THROUGH STATION HOUSE OFFICER,
KORAMANGALA POLICE STATION,
BENGALURU - 560 095.
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HON'BLE HIGH COURT OF KARANATAKA,
BENGALURU - 560 001.
2. INSPECTOR OF POLICE,
WOMEN AND NARCOTICS SQUAD,
CITY CRIME BRANCH,
N.T.PET,
BENGALURU - 560 002.
... RESPONDENTS
(BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP)
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THIS CRIMINAL PETITION FILED UNDER SECTION 482
CR.P.C. PRAYING TO QUASH THE FIR BEARING NO.414/2015
DATED 09.07.2015 ALONG WITH THE INFORMATION DATED
09.07.2015 REGISTERED WITH THE RESPONDENT
KORMANGALA P.S., (ANNEXED VIDE ANNEXURE-A AND A1) AND
QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING
CR.NO.414/2015, PREVIOUSLY PENDING BEFORE THE VIII
ACMM, BANGALORE AND CURRENTLY PENDING BEFORE THE I
ACMM, BANGALORE (ANNEXED VIDE ANNEXURE-B).
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor.
2. The present petitioners are all accused who are similarly placed. They were stated to be the 7 customers at M/s.Dawath Bar and Restaurant apart from the staff members who were all arrested and mulcted for the offences punishable under Sections 370(3), 370(A), 109, 506, 188, 294, 342 and 354 of The Indian Penal Code, 1860. In the circumstance that on credible information received, the police are said to have conducted a raid of the bar and restaurant namely M/s.Dawath Bar and Restaurant, having its place of business at Koramangala, Bengaluru and that at the time of raid, it was found that there were several women who were wearing skimpy dresses, dancing to the music for the entertainment of the customers present who were throwing money at them. It is in that circumstance they were all arrested and taken into custody. In the above circumstances, some of the accused had approached this Court in Crl.P.No.5802/16 and it was disposed of on 22.9.2016 holding that without registering a FIR, the raid could not have been conducted in the manner as stated and therefore, it would vitiate the proceedings and even if the case could be sustained, it could not be 8 against those petitioners who were not present. It is seen insofar as the present case is concerned, it is alleged that the allegations against some of the accused are to the effect that they had confined the women and therefore they were accused of grave offences. It did not require registering of FIR in the first instance and it cannot be said that the raid conducted is bad in law.
3. However, it is pointed out that the allegation in the FIR is identical even in respect of those other accused which do not make out any illegal confinement and the allegation was that the women were indeed dancing and a person kept in confinement under force cannot be expected of dancing to the music.
4. In the light of the petition filed in respect of other accused having been allowed in respect of the very same offences, it would stand to reason that by same token of reasoning the present petition also requires to be allowed.
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5. Accordingly, this petition is allowed. The proceedings pending in Crime No.414/2015 pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru and currently pending before the I Additional Chief Metropolitan Magistrate, Bengaluru, against all the accused stand quashed.
Sd/-
JUDGE *alb/-.