Karnataka High Court
Shri Minin Alias Peter S/O. Anthon ... vs The State Of Karnataka on 27 November, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:13930
CRL.P No. 102261 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF NOVEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102261 OF 2023
BETWEEN:
SHRI MININ ALIAS PETER
S/O. ANTHON MENDIS
AGE. 44 YEARS, OCC. BUSINESS,
R/O. MANDALKURVE,
MAVINKURVE, TQ. HONNAVAR,
DIST. UTTARA KANNADA-581335
...PETITIONER
(BY SRI. HARISH S MAIGUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(BY HONNAVAR P.S.)
R/BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH-580011
2. SHRI. GANAPATI, S/O. MAHADEV AMBIG
Digitally signed
by
VIJAYALAKSHMI
VIJAYALAKSHMI M KANKUPPI
AGE. 29 YEARS, OCC. FISHERMAN,
M KANKUPPI
Date:
2023.12.01
11:42:47 +0530 R/O. HOSAD PARA, TQ. HONNAVAR,
DIST. UTTARA KANNADA-581335
...RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR RESPONDENT NO.1.
SRI. V.G. BHAT, ADV FO RESONDENT NO.2.)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN
S.C.NO. 27/2021, PENDING ON THE FILE OF PRL. DISTRICT AND
SESSIONS JUDGE, UTTARA KANNADA KARWAR, FOR THE OFFENCE
P/U/SEC. 307, 338, 120B, R/W SEC. 34 OF IPC AND SEC. 9B OF
EXPLOSIVE ACT INSOFAR AS THIS PETITIONER, WHO WAS ARRAYED
AS ACCUSED NO.2.
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NC: 2023:KHC-D:13930
CRL.P No. 102261 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused No.2 has sought for quashing of the entire proceedings in SC No.27/2021 pending on the file of the learned Principal District and Sessions Judge, Uttara Kannada, Karwar registered for the offences punishable under Sections 307, 338 and 120B read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the IPC', for short) and Section 9B of the Explosives Act .
2. Heard the learned counsel appearing for the petitioner, learned counsel for respondent No.2 and the learned High Court Government Pleader appearing for the respondent No.1-State.
3. Respondent No.2 filed a complaint on 26.08.2018 and the same came to be registered in Honnavara Police Station Crime No.190/2018 for the offences punishable under Sections 307, 338 and 120B read with Section 34 of IPC and Section 9B of the Explosives Act against accused -3- NC: 2023:KHC-D:13930 CRL.P No. 102261 of 2023 No.1 and other unknown persons. The police after investigation filed charge sheet against 4 accused including this petitioner, who is arrayed as accused No.2, for offences under Sections 307, 338 and 120B read with Section 34 of IPC. On the basis of the said charge sheet, a case came to be registered against this petitioner and other accused in SC No.27/2021 pending on the file of the learned Principal District and Sessions Judge, Karwar. The petitioner/accused No.2 has sought quashing of the proceedings in the said sessions case.
4. The learned counsel appearing for the petitioner would contend that on perusal of the averments of the complaint and in Column 17 of the charge sheet, there is no allegation against the petitioner. There are no material in the charge sheet to connect the petitioner with the alleged offences. The petitioner has been falsely implicated. With this he prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader for respondent No.1 and the counsel for respondent -4- NC: 2023:KHC-D:13930 CRL.P No. 102261 of 2023 No.2, both, would submit that this petitioner/accused No.2 conspired with accused Nos.1, 3 and 4 to kill MLA and two others by throwing explosives and in that attempt, accused No.1 has sustained injury to his right hand and other parts of the body. The voluntary statement of accused No.1 and 3 reveal that this petitioner also conspired with other accused to kill MLA and two others with regard to their enmity with respect to construction of bridge. The charge sheet material show prima facie case against the petitioner's involvement as a conspirator with the other accused. They contend that there are no grounds for quashing the proceedings. They further submit that accused Nos.1 to 4 had filed an application under Section 227 of Cr.P.C. seeking discharge and considering the charge sheet material, the learned Sessions Judge has rejected their application seeking discharge by order dated 05.07.2023. They further contend that the said order has not been challenged by the petitioner and other accused. With this, they prayed to reject the petition.
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NC: 2023:KHC-D:13930 CRL.P No. 102261 of 2023
6. Having heard the learned counsel for the parties, this Court has perused the charge sheet records.
7. The statement of the CWs.15 to 20 recorded under Section 161 of Cr.P.C. will reveal that accused Nos.1 to 4 and others had formed an association with regard to construction of a bridge between Maavinakurva- Honnavara(Hosada) and there was a demand for construction of said bridge and in that connection, the said witnesses were also making representation to the Government but finally, the MLA, CW.3-Zilla Panchayat Member and CW.12-Gram Panchayat member got the construction of the said bridge cancelled. In that connection, accused Nos.1 to 4 conspired with each other and in pursuance of the same, accused No.1 has tried to throw explosive at the Volley Ball Match tournament inauguration but the explosive exploded in the hands of accused No.1 resulting in loosing of his right hand. The voluntary statement of accused Nos.1 and 3 reveal that accused No.2 was consistently in contact with accused No.3 by making phone calls and he had instructed how to explode -6- NC: 2023:KHC-D:13930 CRL.P No. 102261 of 2023 an explosive. The mobile phone of the petitioner/accused No.2 has been seized. The charge sheet material produced by the petitioner does not reveal that there any call detail records of the mobile number of accused No.2 has been collected or not. The charge sheet material clearly reveal about the conspiracy and common intention of the petitioner/accused No.2 with other accused Nos.1, 3 and 4 in attempting to kill MLA and two others who attended the Volley Ball match tournament inauguration.
8. There are no grounds for quashing the proceedings against the petitioner.
In the result, the petition is dismissed.
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JUDGE kmv