Karnataka High Court
Shivasharanappa S/O Shankreppa Yaba ... vs The State Of Karnataka And Anr on 23 November, 2021
Author: H.P.Sandesh
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION No.201171/2021
BETWEEN:
1. SHIVASHARANAPPA
S/O SHANKREPPA YABA
AGED ABOUT 40 YEARS
OCC: LEGAL PRACTITIONER
R/O KAMATHAN VILLAGE
TQ. AND DIST. BIDAR
2. SANGAMESH
S/O SHANKREPPA YABA
AGED ABOUT 33 YEARS
OCC: AGRICULTURE
R/O KAMATHAN VILLAGE
TQ. AND DIST. BIDAR.
3. SHANKREPPA
S/O MARUTEPPA YABA
AGE: 65 YEARS, OCC: AGRICULTURE
R/O KAMATHAN VILLAGE
TQ. AND DIST. BIDAR.
... PETITIONERS
(BY SRI MOGHA SUDHAKAR RAO, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH RURAL BIDAR POLICE STATION
BIDAR-585401, REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR
2
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585103
2. MARUTI
S/O PRABHUSHETTY YABA
AGE: 31 YEARS, OCC: AGRICULTURE
R/O KAMATHAN VILLAGE
TQ. AND DIST. BIDAR
... RESPONDENTS
(BY SRI GURURAJ V. HASILKAR, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE FIR
NO.317/2021 IN CRIME NO.29/2021 OF RURAL POLICE
STATION BIDAR PENDING ON THE FILE OF ADDL. JMFC 2ND
COURT, BIDAR, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 324, 504 R/W SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for respondent No.1-State.
2. This petition is filed under Section 482 of Cr.P.C., praying to quash the FIR No.317/2021 in Crime No.29/2021 of Rural Police Station, Bidar, pending on the 3 file of Additional JMFC, 2nd Court, Bidar, for the offences punishable under Sections 324, 504 r/w Section 34 of IPC.
3. Factual matrix of the case is that the complainant in the complaint dated 13.05.2021 has alleged that on 12.05.2021 in the evening at 6.30 p.m., while cleaning the dumping ground, the petitioners came and instructed not to clean the same and claimed that the said place belongs to them. The petitioners abused him in a filthy language. Accused-Shivasharanappa bitten the complainant, Sangamesha assaulted with stick and Doddappa Shankreppa fisted on his face, as a result, he sustained injuries. The said incident was witnessed by Rajkumar, Santosh and Tajimulla. Based on the complaint, the police have registered the case in Crime No.29/2021 for the offences punishable under Sections 324, 504 r/w Section 34 of IPC.
4. The learned counsel appearing for the petitioners would submit that the present complaint is off- shoot of the very complaint which is registered in Crime 4 No.28/2021 for the offences punishable under Sections 324, 504 r/w Section 34 of IPC. The learned counsel also submits that the petitioners/accused have given complaint at 15.30 hours and the present complaint is given at 17.00 hours. The present complaint is filed with mala fide intention and hence, the same may be quashed.
5. Per contra, the learned High Court Government Pleader appearing for respondent No.1-State would submit that though the present complaint is filed subsequently, the wound certificate clearly discloses that the injured has sustained six injuries which are simple in nature. Hence, it is clear that a case and counter case are registered. Hence, the FIR cannot be quashed.
6. Having heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for respondent No.1-State and on perusal of the material on record, it is not in dispute that both the parties i.e., the accused and complainant have given complaints and the same are registered in Crime 5 Nos.28/2021 and 29/2021. The learned counsel for the petitioners contends that this complaint is filed subsequently with mala fide intention. But the fact that the incident has taken place is not in dispute since both the parties have alleged about the said incident. The wound certificate prima facie discloses that the injured has sustained six injuries. When such being the facts and circumstances of the case, it is not a fit case to quash the FIR and it requires investigation and final report has to be filed before the Court. Hence, at this juncture, I do not find force in the contention of the learned counsel for the petitioners that false case has been registered against the petitioners.
7. In view of the observations made above, I pass the following:
ORDER The petition is dismissed.6
The petitioners are at liberty to approach this Court after filing of final report, if need arises.
Sd/-
JUDGE NB*