Karnataka High Court
Sharath Bacchegowda vs State By Hosakote P S on 24 August, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 6878 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6878 OF 2023
BETWEEN:
1.
SHARATH BACCHEGOWDA
S/O B N BACCHEGOWDA,
AGED ABOUT 34 YEARS, STATE PRESIDENT,
BJP YUVA MORCHA, R/A BESIDE URVASHI THEATRE,
NEAR LALBAGH, BENGALURU-560027,
(PRESENT MLA OF HOSAKOTE CONSTITUENCY).
2. GOPAL S/O LATE BACCHEGOWDA,
AGED ABOUT 48 YEARS,
R/A ITTASANDRA GRAMA,
VISHAL HOSAKOTE TOWN-562114.
NINGAPPA 3. GANESH S/O BAIRANNA,
PATTIHAL AGED ABOUT 50 YEARS,
R/A ITTASANDRA GRAMA,
Digitally signed by HOSAKOTE TOWN-562114.
VISHAL NINGAPPA
PATTIHAL
4. B V BAIREGOWDA S/O LATE
Date: 2023.08.29
14:49:29 +0530 VENKATARAMANAGOWDA,
AGED ABOUT 53 YEARS, R/A UPPARAHALLI,
KASABA HOBALI, HOSAKOTE TOWN,
ALSO AT T G LAYOUT,
HOSAKOTE TALUK-562114.
5. MANJUNATH @ YSM MANJU
S/O LATE MUNISHAMAPPA,
AGED ABOUT 35 YEARS, MEMBER OF ZILLA
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CRL.P No. 6878 of 2023
PANCHAYATH,
CHIKKAHULLURU, HOSAKOTE TALUK,
R/A NEAR APARTMENT NIMBEKAYIPURA,
BIDARAHALLI HOBALI,
BENGALURU EAST TALUK-560049.
6. KRISHNAMURTHY S/O KEMPANNA,
AGED ABOUT 50 YEARS,
MEMBER OF ZILLA PANCHAYATH,
R/A POOJENA AGRAHARA GRAMA,
KASABA HOBALI,
HOSAKTOE TALUK-562114.
7. MUNIRAJU S/O BAIRAPPA,
AGED ABOUT 37 YEARS,
R/AT CHIKKA ARALAGERE GRAMA,
SULIBELE HOBLI,
HOSAKOTE TALUK-562114.
8. C MANJUNATH S/O CHIKKA APPAYANNA,
AGED ABOUT 60 YEARS,
TALUK PRESIDENT, BJP,
R/AT DODDAHULLURU,
KASABA HOBALI,
HOSAKOTE TALUK-562114.
9. USMAN S/O KHADAR SHARIFF,
AGED ABOUT 38 YEARS,
R/AT 3RD CROSS, SULIBELE TOWN,
HOSAKOTE TALUK-562114.
10. BABUREDDY S/O MUNIREDDY,
AGED ABOUT 49 YEARS,
REAL ESTATE BUSINESS,
R/AT MUTSANDRA, ANUGONDANAHALLI HOBALI,
HOSAKOTE TALUK-562114.
11. T R RAJSHEKAR S/O SIDDAPPA,
AGED ABOUT 48 YEARS,
EX-PRESIDENT OF TALUK PANCHAYITI,
R/AT, TAVAREKERE GRAMA,
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CRL.P No. 6878 of 2023
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
12. MANJUNATH S/O NARAYANAPPA,
AGED ABOUT 41 YEARS,
R/AT NADAVINAPURA GRAMA,
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
13. LAKSHMAN S/O LATE KEMPANNA,
AGED ABOUT 48 YEARS,
R/AT KONDARAHALLI GRAMA
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
14. NM KRISHNA
S/O LATE MUNIVEERAPPA,
AGED ABOUT 42 YEARS,
R/AT NANDAGUDI GRAMA,
HOSAKOTE TALUK-562114.
15. JAGADISH S/O RUDRAYYA,
AGED ABOUT 42 YEARS,
ADVOCATE & VICE PRESIDENT OF HETTAKKI
GRAMA PANCHAYAT,
R/AT HETTAKKI GRAMA,
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
16. NARAYANASWAMI S/O MUNIYAPPA,
AGED ABOUT 46 YEARS,
MEMBER OF GRAMA PANCHAYAT,
R/AT KALAPPANAHALLI GRAMA,
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
17. MANSOOR S/O AYUB KHAN,
AGED ABOUT 41 YEARS,
MEMBER OF TALUK PANCHAYATH & PREISIDENT,
MINORITY MORCHA, BJP UNIT,
BENGALURU RURAL DISTRICT,
R/AT BAILANARASAPURA GRAMA,
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CRL.P No. 6878 of 2023
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
18. DHEERAJ S/O GOVINDASWAMI,
AGED ABOUT 26 YEARS,
R/AT NEAR CITIZEN SCHOOL,
VIVEKANANDA NAGAR,
HOSAKOTE TOWN-562114.
19. DEVARAJ S/O CHOWDAPPA,
AGED ABOUT 38 YEARS,
R/AT GOVINDAPURA GRAMA,
JADIGENAHALLI HOBLI,
HOSAKOTE TALUK-562114.
20. NARAYANAPPA S/O LATE TIMMARAYAPPA,
AGED ABOUT 63 YEARS,
R/AT GOVINDAPURA GRAMA,
JADIGENAHALLI HOBLI,
HOSAKOTE TALUK-562114.
21. VIJAYA KUMAR S/O VENKATARAMANNAPPA,
AGED ABOUT 61 YEARS,
REAL ESTATE BUSINESS,
R/AT GOWTHAM COLONY,
NEAR WATER TANK,
HOSAKOTE TALUK-562114.
22. B .M. PRAKASH S/O LATE MUNISHAMI GOWDA,
AGED ABOUT 45 YEARS,
R/AT BHODANAHOSAHALLI GRAMA,
ANUGONDANAHALLI HOBLI,
HOSAKOTE TALUK-562114.
23. MANUCHAKRAVARTI S/O H.M. SADASHAMAYYA,
AGED ABOUT 26 YEARS, R/AT HETHAKKI GRAMA,
NANDAGUDI HOBLI, HOSAKOTE TALUK-562114.
24. LAKSHMAN SINGH S/O HIRA SINGH,
AGED ABOUT 45 YEARS
CHAIRMAN OF HUMAN RIGHTS COMMISSION,
SAMETHANAHALLI GRAMA,
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CRL.P No. 6878 of 2023
HOSAKOTE TALUK 562114.
25. SONNAPPA S/O KRISHNAPPA
AGED ABOUT 63 YEARS
SAMETHANAHALLI GRAMA,
HOSAKOTE TALUK-562114.
26. GAJENDRA @ FAJA S/O LATE RAMACHANDRA
@ KOTWAL RAMASANDRA, AGED ABOUT 31 YEARS,
R/AT K MALLASANDRA GRAMA, KASABA HOBLI,
HOSAKOTE TALUK-562114.
27. RAMESH S/O LATE RAMASWAMI,
AGED ABOUT 33 YEARS,
REAL ESTATE BUSINESS,
R/AT K MALLASANDRA GRAMA,
KASABA HOBLI, HOSAKOTE TALUK-562114.
28. SREENIVASA S/O NARAYANAPA,
AGED ABOUT 48 YEARS,
R/AT MALLASANDRA GRAMA,
HOSAKOTE TALUK-562114.
29. SURESH K.C S/O CHANDRAPPA,
AGED ABOUT 43 YEARS,
STATE B.J.P CONVENER,
R/AT KORALURU GRAMA,
KASABA HOBLI, HOSAKOTE TALUK-562114.
30. MAHESH
AGED ABOUT 43 YEARS,
S/O BACCHA GOWDA,
R/AT KORALURU,
HOSAKOTE TALUK-562114.
31. KIRAN RAJ S/O CHANDRAPRAKASH,
AGED ABOUT 35 YEARS,
REAL ESTATE WORK,
R/AT NEAR BARODA BANK,
GANGAMMANAGUDI ROAD,
HOSAKOTE TALUK-562114.
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32. GANESH S/O GUN MAN MUNIRAJU,
AGED ABOUT 31 YEARS,
R/AT RAMAKKA LAYOUT,
NEAR WATER TANK,
KANAKANA COMPOUND,
HOSAKOTE TOWN-562114.
33. NITHIN S/O SRINIVAS,
AGED ABOUT 28 YEARS,
R/AT GANGAMMAGUDI ROAD,
HOSAKOTE TOWN-562114.
34. SUJATHA W/O RAVINDRA,
AGED ABOUT 58 YEARS,
OWNER OF SUJATHA KALYANA MANTAPA,
R/AT KANNURAHALLI ROAD,
HOSAKOTE TALUK-562114.
35. AKHIL S/O VENKATESH,
AGED ABOUT 33 YEARS,
R/AT NEAR ADISHAKTHI TEMPLE,
MELINAPETE, HOSAKOTE TOWN-562114.
36. CHANDRASHEKHAR S/O GOPAL,
AGED ABOUT 38 YEARS,
R/AT KORALURU, HOSAKOTE TOWN-562114.
37. ANAND S/O A CHANNARAYAPPA,
AGED ABOUT 41 YEARS,
WORK AT GODREJ CHICKEN FACTORY,
R/AT T. AGRAHARA SULIBELE HOBLI,
VINAYAKANAGARA, HOSAKOTE TOWN-562114.
38. MALLIKARJUNA S/O RAJANNA,
AGED ABOUT 33 YEARS,
WORKING IN PRIVATE COMPANY,
R/AT NEAR LAVANYA SWIMMING POOL,
TEACHER COLONY, V.V. EXTENSION,
HOSAKOTE TOWN-562114.
39. MUNIRAJ @ VASANT KUMAR R @ VASANT
S/O LATE RAMAKRISHNAPPA,
AGED ABOUT 31 YEARS,
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CRL.P No. 6878 of 2023
P.A. OF SHARATH BACCHAGOWDA,
R/AT BHODANAHOSSAHALLI GRAMA,
ANUGONDANAHALLI HOBALI,
HOSAKOTE TALUK-562114.
40. ABHI S/O NARAYANNAPPA
AGED ABOUT 35 YEARS,
R/AT NEAR KANAKANA COMPOUND,
6TH CROSS, HOSAKOTE TOWN-562114.
41. MUNIRAJU S/O MUNICHANNEGOWDA
AGED ABOUT 45 YEARS,
OBALAHALLI, HOSAKOTE TALUK-562114.
42. SYED NAWAZ S/O SYED ABDUL RAZAQ,
AGED ABOUT 39 YEARS,
R/AT BEHIND H.P. PETROL BUNK,
H.G.R LAYOUT, OLD MADRESA ROAD,
HOSAKOTE TOWN-562114.
43. RAMACHANDRA @ RAJAPPA @ KHARGE
S/O DODDAHANUMAPPA
AGED ABOUT 52 YEARS,
R/AT K. MALLASANDRA GRAMA
KASABA HOBLI, HOSAKOTE TALUK-562114.
44. MURALI S/O KANTARAJU
AGED ABOUT 32 YEARS,
R/AT KODIHALLI GRAMA
HOSAKOTE TALUK-562114.
45. MANJUNATH S/O YALLAPPA
AGED ABOUT 38 YEARS,
R/AT KODAHALLI GRAMA,
HOSAKOTE TALUK-562114.
46. MANJUNATH @ LAWYER MANJUNATH @ YSM
S/O LATE NANDISHGOWDA,
AGED ABOUT 46 YEARS,
R/AT T.G. EXTENSION,
HOSAKOTE TOWN-562114.
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CRL.P No. 6878 of 2023
47. VIJAYAKUMAR @ PEPSI VIJAYAKUMAR
S/O VENKATARAMANNAPPA @ ABBANNA
AGED ABOUT 48 YEARS,
R/AT T. G. EXTENSION,
HOSAKOTE TOWN,
ALSO R/AT NEAR NIMBEKAIPURA,
APARTMENT, BIDARAHALLI, HOBLI,
BANGALORE EAST TALUK-560065.
48. SREENIVAS @ EXCISE SREENIVAS
S/O LATE CHIKKAMADAYYA,
AGED ABOUT 73 YEARS,
R/AT KANNURAHALLI MAIN ROAD,
NEAR MILANA KALYANA MANTAPA,
HOSAKOTE TALUK-562114.
49. HULURAPPA S/O LATE H M MUNIYAPPA @
MUNIKEMPANNA,
AGED ABOUT 65 YEARS,
R/AT NIVRUTA AGNI SHAMAKA DHALA,
KANNURAHALLI ROAD,
NEAR CEMENT FACTORY
HOSAKOTE TOWN-562114.
50. RAJU @ NALUDA S/O LAKSHMINAYAK,
AGED 31 YEARS, R/AT K H B COLONY,
NEAR CITIZEN SCHOOL,
HOSAKOTE TOWN-562114.
51. RAKESH S/O UMESH,
AGED ABOUT 33 YEARS,
R/AT VIVEKANANDANAGAR,
3RD CROSS, HOSAKOTE TOWN-562114.
52. SUBBARAJU S/O MUNIRAYAPPA,
AGED ABOUT 48 YEARS,
STAMP VENDOR WORK,
R/AT TEAHCERS COLONY,
BEHIND OM SHRI SCHOOL,
HOSAKOTE TOWN-562114.
53. MANJUNATH @ BULP MANJA
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CRL.P No. 6878 of 2023
S/O LATE SREENIVAS,
AGED ABOUT 45 YEARS,
DIRECTOR OF T.C.B BANK,
R/AT M.V. EXTENSION,
HOSAKOTE TOWN-562114.
54. MUNINAJAPPA S/O RAMAKRISHNAPPA
AGED ABOUT 67 YEARS,
RETIRED PHYSICAL TEACHER,
R/AT NEAR CITIZEN SCHOOL,
VIVEKANANDANGAR
HOSAKOTE TOWN-562114.
55. KESHAVAMURTHY S/O NARAYANAPPA,
AGED ABOUT 47 YEARS,
OWNER OF VENKATRI LODGE,
R/AT KANNURAHALLI ROAD,
RAMAKRISHNA ROAD,
M.V. EXTENSION, HOSAKOTE TOWN-562114.
56. RAVI @ Y.S.R. S/O MUNIYAPPA,
REAL ESTATE WORK,
R/AT GOWTHAM COLONY,
NEAR PARVATIPURA,
HOSAKOTE TOWN-562114.
57. SHIVA @ Y. S. M. S/O LATE GANGAPPA,
AGED ABOUT 33 YEARS,
R/AT BEHIND INDIAN PETROL BUNK,
HOSAKOTE TOWN-562114.
58. M. LAKSHMAN GOWDA S/O MUNISHAMAPPA,
AGED ABOUT 43 YEARS,
OWNER OF L.G. PARK,
R/AT RAMAKRISHNA ROAD,
KANNURAHALLI ROAD,
M.V.EXTESION, HOSAKOTE TOWN-562114.
59. NATARAJ S/O LATE NANDAPPA,
AGED ABOUT 48 YEARS,
R/AT NEAR E.S.I. COMPOUND,
DODDAGATTIGANABE,
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HOSAKOTE TOWN-562114.
60. MUNIYAPPA S/O LATE CHENNARAYAPPA,
AGED ABOUT 59 YEARS, EX-PRESIDENT, B.J.P.,
R/AT UPPARAHALLI, HOBLI, HOSAKOTE TOWN-
562114.
61. IRANNASWAMY S/O LATE NARAYANAPPA,
AGED ABOUT 51 YEARS, R/AT YENAGUNTE GRAM,
SOLIBELE HOBLI, HOSAKOTE TOWN-562114.
62. VENKATESH S/O NARAYANAPPA,
AGED ABOUT 48 YEARS,
R/AT LINGAPURA GRAMA,
NANDAGUDI, HOBLI,
HOSAKOTE TOWN-562114.
63. NAGESH @ S.L.V. NAGESH
S/O NARAYANA SWAMAPPA,
AGED ABOUT 38 YEARS,
R/AT BEHIND BRIDGE, TAVEREKERE GRAM,
NANDAGUDI, HOSAKOTE TOWN-562114.
64. SREENIVAS MURTHY S/O SUBBARAYAPPA,
AGED ABOUT 45 YEARS,
R/AT POOJARAMANAHALLI JADIGENAHALLI HOBLI,
HOSAKOTE TALUK -562114.
65. NAGARAJ N S/O NARSIMHAPPA,
AGED ABOUT 49 YEARS,
R/AT BHIMAKKANAHALLI GRAMA,
NANDAGUDI HOBLI,
HOSAKOTE TALUK -562114.
66. RAVIRAJ S/O MUNIRAJU,
AGED ABOUT 33 YEARS,
R/AT HALASAHALLI GRAMA,
KASABA HOBLI, HOSAKOTE TALUK-562114.
67. SHRIDHAR S/O KEMPANNA,
AGED ABOUT 28 YEARS,
R/AT KANNURAHALLI GRAMA,
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CRL.P No. 6878 of 2023
KASABA HOBLI, HOSAKOTE TALUK-562114.
68. MUNISHAMANNA S/O CHIKKALIYAPPA,
AGED ABOUT 55 YEARS,
R/AT KANNURAHALLI GRAMA,
KASABA HOBLI, HOSAKOTE TALUK-562114.
69. K.B. KRISHNA @ K.I.B KRISHNA S/O BAIRAPPA,
AGED ABOUT 52 YEARS,
R/AT KANNURAHALLI GRAMA,
KASABA HOBLI, HOSAKOTE TALUK-562114.
70. VENKATESH S/O NANJAPPA,
AGED ABOUT 48 YEARS,
R/AT JINNAGARA,
JADEGANAHALLI HOBLI,
HOSAKOTE TALUK-562114.
71. MANJUNATH S/O VENKATAPPA,
AGED ABOUT 50 YEARS,
R/AT JINNAGARA, JADEGENAHALLI HOBLI,
HOSAKOTE TALUK-562114.
72. NARAYANASWAMI S/O GOPALAPPA,
AGED ABOUT 31 YEARS,
R/AT THAVATAHALLI,
JADEGENAHALLI HOBLI,
HOSAKOTE TALUK-562114.
73. MUNIYAPPA S/O KUNTA CHINNAPPAYA,
AGED ABOUT 38 YEARS,
R/AT TAVATTAHALLI,
JADEGENAHALLI HOBLI,
HOSAKOTE TALUK -562114.
74. ANAND .K. S/O KEMPANNA,
AGED ABOUT 35 YEARS,
R/AT ATTIVATTA,
JADEGENAHALLI HOBLI,
HOSAKOTE TALUK-562114.
75. SHRINIVAS S/O NARAYANAPPA,
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AGED ABOUT 48 YEARS,
R/AT NADUVINAPURA,
NANDAGUDI HOBLI,
HOSAKOTE TALUK -562114.
76. SHIVAKUMAR S/O MUNISHAMI GOWDA,
AGED ABOUT 53 YEARS,
MEMBER OF GRAMA PANCHAYAT,
R/AT NADUVINAPURA,
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
77. NITHIN S/O NANJE GOWDA,
AGED ABOUT 35 YEARS,
R/AT N HOSAHALLI,
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
78. RAJASHEKHAR GOWDA
S/O VENKATARAMANAGOWDA,
AGED ABOUT 53 YEARS,
R/AT TANEYURU, SOLIBELE HOBLI,
HOSAKOTE TALUK-562114.
79. GOPAL S/O LATE MUNIYAPPA,
AGED ABOUT 53 YEARS,
R/AT APPASANDRA,
JADAGENAHALLI HOBLI,
HOSAKOTE TALUK-562114.
80. VENKATESH S/O CHIMMAPPAYYA,
AGED ABOUT 45 YEARS,
R/AT APPASANDRA,
JADAGENAHALLI HOBLI,
HOSAKOTE TALUK-562114.
81. SUBBAIYA S/O CHIKKA VENKATARAMANAPPA
AGED ABOUT 45 YEARS,
R/AT ALAGONDANAHALLI,
JADAGENAHALLI HOBLI,
HOSAKOTE TALUK-562114.
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82. MANJU S/O SURAPPA,
AGED ABOUT 43 YEARS,
R/AT GANGAPURA,
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
83. GOPAL S/O NARAPPA,
AGED ABOUT 43 YEARS,
R/AT GIGGANAHALLI,
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
84. MUNIRAJA S/O KEMPANNA,
AGED ABOUT 43 YEARS,
R/AT KARAHALLI,
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
85. ANIL KUMAR S/O KRISHNAPPA,
AGED ABOUT 35 YEARS,
R/AT HALEURU NANDAGUDI HOBLI,
ALSO R/AT KURUABARAHALLI,
KASABA HOBLI, HOSAKOTE TALUK-562114.
86. DEVARAJU S/O KRISHNAPPA,
AGED ABOUT 43 YEARS,
R/AT YELECHAHALLI GRAMA,
NANDAGUDI HOBLI, HOSAKOTE TALUK-562114.
87. BALAKRISHNA S/O VENKATESH,
AGED ABOUT 36 YEARS,
R/AT VADAHALLI, NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
88. VENKTESH S/O LATE GOVINDAPPA
AGED ABOUT 45 YEARS,
R/AT DODDAKORATTI GRAMA,
NANDAGUDI HOBLI,
HOSAKOTE TALUK-562114.
89. RAMAMURTHY S/O T. KRISHNAPPA,
AGED ABOUT 48 YEARS,
R/AT MUGABALLA,
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JADEGENAHALLI HOBLI,
HOSAKOTE TALUK-562114.
90. MAHESH S/O CHANNAMURIYAPPA,
R/AT SATYAGANAHALLI GRAMA,
NANDAGUDI HOBLI,
HOSKOTE TALUK-562114.
91. B. NAGARAJ S/O LATE DYAVAPPA,
AGED ABOUT 55 YEARS,
R/AT TAVEREKERE, NANDAGUDI,
HOBLI, HOSAKOTE TALUK-562114.
92. SYED ISTA S/O SYED RAFIQ,
AGED ABOUT 30 YEARS,
R/AT MEDIMALLASANDRA,
HOSAKOTE TALUK-562114.
93. BAJI @ AKBAR ALI KHAN
S/O KHALEEL KHAN,
AGED ABOUT 57 YEARS,
R/AT GIDDAPPANAHALLI GRAMA,
SOLIBELE HOLBI,
HOSAKOTE TALUK-562114.
94. MUZAMMIL S/O IBRAHIM SABI,
AGED ABOUT 45 YEARS,
R/AT GIDDAPPANAHALLI,
SOLIBELE HOBLI,
HOSAKOTE TALUK-562114.
95. D.T. VENKATESH S/O THIMMARAYAPPA,
R/AT THAMMARAYAPPANAHALLI GRAMA,
SOLIBELE HOBLI, HOSAKOTE TALUK-562114.
96. L.M. SUDARSHAN S/O MUNIYAPPA,
AGED ABOUT 33 YEARS,
R/AT LAKONDANAHLLI GRAMA,
KASABA HOBLI, HOSAKOTE TALUK-562114.
... PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
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CRL.P No. 6878 of 2023
AND:
1. STATE BY HOSAKATE P S,
R/BY STATE PUBLIC PROSECUTOR,
OFFICE AT ADVOCATE GENERAL OFFICE,
HIGH COURT COMPLEX,
OPP VIDHANA SOUDHA,
BANGALORE-560001.
2. LAKSHMINARAYANA,
POLICE INSPECTOR,
AGED ABOUT 42 YEARS,
NANDAGUDI POLICE STATION,
HOSAKOTE TALUK,
BANGALORE-562122.
... RESPONDENTS
(BY SRI. ANOOP KUMAR, HCGP)
CRL.P FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO 1) SET ASIDE THE COGNIZANCE
ORDER DATED 09.07.2019, PRESENT AT ANNEXURE-D, NOW
PENDING IN THE FILES OF HON'BLE XLII A.C.M.M. (SPECIAL
COURT FOR TRIAL OF CASES AGAINST SITTING AS WELL AS
FORMER MPs/MLAs TRIABLE BY MAGISTRATE IN THE STATE OF
KARNATAKA) BANGALORE AS C.C.NO.10713/2022 FOR THE
ALLEGED OFFENCE P/U/S 143, 147, 341, 188, 353 R/W 149 OF
IPC, ARISING OUT OF THE CR.NO.213/2019 REGISTERED BY
HOSAKOTE POLICE STATION, WHEREIN THE PETITIONERS
FROM 1 TO 96 AS ACCUSED NO.1 TO 6, 8 TO 81 AND 83 TO 98
RESPECTIVELY.2) TO CONSEQUENTLY QUASH THE CHARGE
SHEET DATED 25.06.2019 FILED BY THE RESPONDENT
HOSAKOTE POLICE FOR THE ALLEGED OFFENCES P/U/S 143,
147, 341, 188, 353 R/W 149 OF IPC, PRESENT AT ANNEUXRE-C,
NOW PENDING IN THE FILES OF HONBLE XLII A.C.M.M.
(SPECIAL COURT FOR TRIAL OF CASES AGAINST SITTING AS
WELL AS FORMER MPs/MLAs TRIABLE BY MAGISTRATE IN THE
STATE OF KARNATAKA), BANGALORE AS C.C.NO.10713/2022
ARISING OUT OF THE CR.NO.213/2019 REGISTERED BY
HOSAKOTE POLICE STATION, WHEREIN THE PETITIONERS
FROM 1 TO 96 AS ACCUSED NO.1 TO 6, 8 TO 81 AND 83 TO 98
RESPECTIVELY.
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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Heard the learned counsel appearing for the petitioners and the learned HCGP appearing for the respondent - State.
2. The petitioners are before this Court calling in question the proceedings in C.C. No.10713/2022 registered for the offences punishable under Sections 143, 147, 341, 188, 353 read with Section 149 of the IPC.
3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the order rendered by this Court in Crl.P. No.5415/2022, disposed off on 25th July 2022, wherein this Court held as follows:
"Heard Sri.Mohammed Tahir, learned counsel appearing for the petitioners and Sri. K.S.Abhijith, the learned High Court Government Pleader appearing for respondent No.1.
2. The petitioners are before this Court calling in question the proceedings in Crime
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NC: 2023:KHC:30397 CRL.P No. 6878 of 2023 No.103/2019, registered for offences punishable under Sections 188, 141, 143, 145 and 147 read with Section 149 of IPC.
3. The learned counsel for the petitioners would submit that the issue in the case at hand stands covered by the judgment rendered by the Co- ordinate Bench of this Court in Crl.P.No.2896/2022, disposed of on 20.06.2022, wherein this Court has held as follows:
" 2. Learned counsel appearing for the petitioners submits that the issue in this petition stands covered by the judgment rendered by the Co-ordinate Bench of this Court in W.P.No.13328/2018, which submission is accepted by the learned HCGP appearing for the respondent.
3. In the light of there being no dispute with regard to the fact that the issue stands covered by the judgment rendered by the Co- ordinate Bench of this Court, I deem it appropriate to close the proceedings by following the judgment so rendered by the Co- ordinate Bench of this Court. The Co- ordinate Bench has held as follows:
4. The case of the prosecution in brief is as follows:
The Commissioner of Police, Mangalore City promulgated the prohibitory order from 6.00 a.m. to 6.00 p.m. of 08.12.2014 and prohibited assembling of five or more persons in Mangalore city. The accused persons violating such prohibitory order organized procession consisting 2000 persons belonging to Hindu Organization. When the complainant and his
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NC: 2023:KHC:30397 CRL.P No. 6878 of 2023 colleagues tried to prevent the accused from proceeding with the procession advising that, that is likely to create communal tensions, the accused obstructed the police from discharging their duties, crashed the barricades erected at the scene of offence, damaged the police vehicles and caused injuries to CWS.5 to 8.
5. On receipt of charge sheet, the Magistrate by order dated 24.10.2016 took cognizance of the offences punishable under Sections 143, 144, 145, 147, 148, 153, 188, 332, 353 of IPC and Sections 2(a) and 2(b) of the KPDLP Act and summoned the accused to face trial for the said offences.
6. The petitioners seek quashing of Annexures-A to Annexures-D on the ground that the prime offence was under Section 188 of IPC and Section 195 of Cr.P.C. bars taking cognizance of such offences, except upon the complaint as required under Section 200 of Cr.P.C, therefore the whole proceedings are without jurisdiction.
7. As rightly pointed out, Section 188 of IPC is the main offence. The other offences flow from that. Section 195(1)(a) of Cr.P.C. bars the Court to take cognizance of such offence unless in accordance with the procedure laid down therein. Section 195(1)(a) reads as follows:
"195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in
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NC: 2023:KHC:30397 CRL.P No. 6878 of 2023 evidence (1) No Court shall take cognizance-
a)(i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, 1860 (45 of 1860); or
(ii) of any abetment of, or attempt to commit, such offence; or of
(iii) any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;"
8. Reading of the above provision makes it clear that to take cognizance there should be a written complaint and such complaint should be filed either by the officer issuing such promulgation order or the officer above his rank. In the case on hand, as per the complaint itself, prohibitory order under Section 144 of IPC was promulgated by the Commissioner of Police and not the complainant.
9. Further Section 2(d) of Cr.P.C. defines complaint as allegations made orally or in writing to the Magistrate with a view to the Magistrate taking action on such complaint under the Code. Only on such complaint, the Magistrate can take cognizance under Section 190(1)(a) of Cr.P.C. Thereafter the procedure prescribed under Section 200 of Cr.P.C.
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NC: 2023:KHC:30397 CRL.P No. 6878 of 2023 has to be followed. Therefore the first information report, charge sheet and the order taking cognizance on such charge sheet are without jurisdiction.
10. Then the question is Annexures-A to D get vitiated only so far as the offence under Section 188 of IPC. In para 8 of the judgment in State of Karnataka v. Hemareddy, the Hon'ble Supreme Court held as follows:
"8. We agree with the view expressed by the learned Judge and hold that in cases where in the course of the same transaction an offence for which no complaint by a Court is necessary under Section 195(1)(b) of the Code of Criminal Procedure and an offence for which a complaint of a Court is necessary under that sub-section, are committed, it is not possible to split up and hold that the prosecution of the accused for the offences not mentioned in Section 195(1)(b) of the Code of Criminal Procedure should be upheld."
(Emphasis supplied)
11. Reading of the above judgment makes it clear that if the offences form part of same transaction of the offences contemplated under Section 195(1) of Cr.P.C, then it is not possible to split up and hold that prosecution of the accused for the other offences should be upheld. Therefore the entire complaint, first information report, charge sheet and
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NC: 2023:KHC:30397 CRL.P No. 6878 of 2023 the order taking cognizance are liable to be quashed. The petition is allowed.
The impugned first information report, complaint, the charge sheet and the proceedings in C.C.No.3660/2016 are hereby quashed."
4. For the aforesaid reasons, the following:
ORDER i. Criminal Petition is allowed. ii. Proceedings in C.C.No.388/2014 on the file of the II Additional Civil Judge and J.M.F.C., Nanjangud, Mysore, stand quashed."
4. The learned HCGP would not dispute the aforesaid order and the fact that it covers the case at hand on all its fours.
5. In the light of the order passed by the Co-ordinate Bench of this Court (supra) and for the reasons aforementioned, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The FIR dated 19.12.2019 i.e., Crime No.103/2019, the charge sheet dated 06.08.2020 and the proceeding in C.C.No.688/2020 pending on the file of the Hon'ble J.M.F.C. (II Court), Mysore, stand quashed."
4. Learned HCGP would not dispute the aforesaid order and the fact that it covers the case at hand on all its fours.
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NC: 2023:KHC:30397 CRL.P No. 6878 of 2023
5. In the light of the order passed by this Court (Supra) and for the aforementioned, the following:
ORDER
(i) The petition is allowed;
(ii) The proceedings in C.C. No.10713/2022 registered for the offences punishable under Sections 143, 147, 341, 188, 353 read with Section 149 of the IPC stands quashed.
Sd/-
JUDGE Vnp*/Ct:Bck List No.: 19 Sl No.: 16