Karnataka High Court
M Venkatesha vs Smt Suma on 1 July, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:24529
CRL.P No. 9485 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CRIMINAL PETITION NO.9485 OF 2018
BETWEEN:
1. M. VENKATESHA
S/O MUNIYAPPA
AGED ABOUT 39 YARS,
WORKING AS COOLY/SOCIAL WORK,
R/AT JUTTANAHALLI VILLAGE,
JALIGE POST,
KUNDANA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL
DISTRICT-562110.
2. SMT. NAGAMMA
W/O MUNIYAPPA
Digitally AGED ABOUT 65 YEARS,
signed by
KIRAN HOUSE WIFE,
KUMAR R
Location: R/AT JUTTANAHALLI VILLAGE,
HIGH
COURT OF KUNDANA HOBLI,
KARNATAKA
DEVANAHALLI TALUK,
BENGALURU RURAL
DISTRICT-562110.
...PETITIONERS
(BY SRI. M.MUNIKRISHNA, ADVOCATE)
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NC: 2024:KHC:24529
CRL.P No. 9485 of 2018
AND:
1. SMT. SUMA W/O MANJUNATHA
AGED ABOUT 29 YEARS,
HOUSE WIFE,
R/AT JUTTANAHALLI VILLAGE,
JALIGE POST, KUNDANA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL
DISTRICT-562110.
2. STATE BY VISHWANATHAPURA POLICE
REP. BY HIGH COURT OF KARNATAKA
BANGALORE-01.
...RESPONDENTS
(BY SMT. N.ANITHA GIRISH, ADV. FOR R2
R1 - SERVED & UNREPRESENTED)
THIS CRL.P FILED U/S.482 OF CR.P.C., PRAYING TO
QUASH THE CHARGE SHEET AGAINST THE PETITIONER IN
C.C.NO.2653/2018 PENDING ON THE FILE OF ADDITIONAL
CIVIL JUDGE AND J.M.F.C., DEVANAHALLI IN CR.NO.25/2018
FOR THE OFFENCE P/U/S 143, 147, 323, 324, 504, 448,
354(A), 429, 114, 506 AND 149 OF IPC OF
VISHWANATHAPURA POLICE STATION, BY ALLOWING THIS
PETITION AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:24529
CRL.P No. 9485 of 2018
ORDER
This petition is filed by the petitioners challenging the proceedings initiated against them in C.C.No.2653/2018 for the offences under Sections 143, 147, 323, 324, 504, 448, 354(A), 429, 114, 506 and 149 of the IPC.
2. The first petitioner is accused No.1 while the second petitioner is accused No.4.
3. The complaint was lodged on 08/2/2018 contending that Venkatesha and his family members accosted the complainant and her family members and also assaulted them, which led to grievous injuries being inflicted on them.
4. It may be pertinent to state here that the petitioners herein had also lodged the complaint against the complainant herein and in said complaint also, a charge-sheet had been laid. It is submitted that pursuant to the complaint lodged against the petitioners along with two others, the police have laid a charge-sheet. -4-
NC: 2024:KHC:24529 CRL.P No. 9485 of 2018
5. A reading of the complaint indicates that the entire assault was engineered by the first petitioner and the complaint would also indicate that the second petitioner-Smt.Nagamma assaulted the mother-in-law of the complainant-Rathnamma by hitting her with her hand, kicking her and pushing her into a gutter.
6. Learned High Court Government Pleader produces a copy of the wound certificate pertaining to Rathnamma which indicates that Rathnamma had tenderness present over her right leg. The wound certificate also indicates that Rathnamma had an injury five years ago, for which she was treated at Victoria Hospital for a soft tissue injury. The wound certificate does not indicate any wounds as indicated in the complaint regarding the assault by Smt.Nagamma. I am therefore of the view that there is no justification to continue the proceedings against the second petitioner-Smt.Nagamma. However, since there are allegations that the entire assault was engineered by the first petitioner, I do not find -5- NC: 2024:KHC:24529 CRL.P No. 9485 of 2018 any justification to invoke Section 482 of the CrPC, and resultantly, quash the proceedings against him.
7. Consequently, the petition is allowed in part and the impugned proceedings pending in C.C.No.2653/2018 against the second petitioner, accused No.4-Smt.Nagamma, shall alone stand quashed. The proceedings against the other accused shall continue.
Sd/-
JUDGE SMJ List No.: 1 Sl No.: 44