Karnataka High Court
Sri Madharam vs The State Of Karnataka on 3 April, 2018
Equivalent citations: AIRONLINE 2018 KAR 2651
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF APRIL, 2018
BEFORE
THE HON' BLE MR. JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.8032/2017
BETWEEN:
SRI MADHARAM,
S/O. MALLARAM,
AGED ABOUT 30 YEARS,
RESIDING AT # 626,
NAGAVARA MAIN ROAD,
K G HALLI, TYANARI ROAD,
BENGALURU 560045. ... PETITIONER
(BY SRI RUDRAPPA P., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY SHANKARAPURA POLICE STATION,
BENGALURU 560004.
REPRESENTED BY ITS S.P.P,
KARNATAKA HIGH COURT BUILDINGS,
HIGH COURT, BENGALURU 560001.
2. SMT. JAYAMMA,
W/O. VENKATESH,
AGED ABOUT 35 YEARS,
RESIDING AT NO. 58,
PARVATHIPURAM, V.V. PURAM,
BENGALURU 560004. ... RESPONDENTS
(BY SRI CHETHAN DESAI, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.7641/2013 PENDING ON THE FILE OF I
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BANGALORE FOR THE ALLEGED OFFENCES P/U/S
392,411 OF IPC.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Rudrappa. P., learned counsel appearing for petitioner and Sri Chethan Desai, learned High Court Govt. Pleader appearing for State. Perused the records.
2. Petitioner herein has been arraigned as accused No.2 in C.C.No.7641/2013 and is praying for quashing of said proceedings.
3. A complaint came to be lodged by 3rd respondent on 30.8.2012 alleging while she was proceeding on Shankarapura near Rangadore Hospital Road at about 8.15 p.m. after completing her work in 3 hospital, she was followed by a person in a two wheeler with full face helmet and he had snatched her mangalasutra and golden chain which she was wearing on her neck and was valued at Rs.72,000/-. After registering said complaint in Crime No. 68/2012, jurisdictional police investigated the matter and apprehended accused No.1 and based on his voluntary statement recorded under Section 161 of Cr.P.C., apprehended accused No.2, who is said to have received stolen article from accused No.1. Hence, charge sheet is filed for the offences punishable under Sections 392 and 411 of IPC.
4. It is contention of Sri Rudrappa, learned Counsel appearing for petitioner that petitioner is a money lender doing his business legitimately after obtaining licence from statutory authorites and he has been falsely implicated and prays for quashing of the proceedings.
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5. Per contra, learned High Court Government Pleader appearing for respondent-State would support the initiation of prosecution against petitioner and accused No.1.
6. Jurisdictional Police after investigation have seized the gold ornaments which are said to have been robbed by accused No.1 from complainant-2nd respondent and same has been handed over by accused No.1 to accused No.2. Based not only on the voluntary statement of accused No.1 but also on the statement made by C.W.4 and C.W.5, said mangalasutra and golden chain have been recovered from possession of petitioner-accused No.2. In that view of the matter, at this stage, it cannot be held that there was no material for proceeding against accused.
7. Though Mr. Rudrappa would be entitled to contend that initiation of prosecution against petitioner for the offence punishable under Section 392 Cr.P.C., 5 would not be proper, his contention at this stage, cannot be examined since charge is yet to be framed by the jurisdictional Court against petitioner and another accused. In that view of the matter, liberty is granted to the petitioner file necessary application before trial Court for discharge. Subject to above observation, petition stands dismissed.
8. It is needless to state that in the event of such application being filed, jurisdictional Magistrate would consider same on merits after hearing learned Assistant Public Prosecutor and objections filed to said application, if any.
9. I.A.I for stay does not survive for consideration. Accordingly, it is hereby rejected.
SD/-
JUDGE Nsu/ -