Karnataka High Court
H.N. Kempaiah vs State Of Karnataka on 16 January, 2012
Author: N.Ananda
Bench: N.Ananda
QURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR
~
ed
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16™ DAY OF JANUARY 2012.
BEFORE |
THE HON'BLE ME.JUSTICE N. ANARDA
CRIMINAL PETITION NO.5039/2011 - oy
BE N: os a
1. HN. KEMPAIAH --_
S/O LATE NINGAIAH
AGED 67 YEARS .
R/ AT NO.649, 3RD CROSS
OPP: AMBEDKAR COLLEGE
BALAGANGADHAR NAGAR
BANGALORE- 56 oa
2. K 3 MAHESH | -
§/O LATE K v SETHURAM RAO
AGED 42 YEARS
R/ AT MALLYAPPANAHALLI
KEMBALINGAPPAHALLI POST
_ -HOSAKOTE TALUK,
BANGALORE DISTRICT
3... MODI VISHWANATHA
- $/OMD MODI
AGED 40 YEARS
R/ AT NO. 189/44, 3RD FLOOR
SHALIMAR ARCADE, 10TH CROSS
- -HOMBEGOWDANAGAR
~ BANGALORE
oe . PETITIONERS
- {By Sri T A KARUMBAIAH & P.C.VINITHA, ADVS.)
H COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COU
AND:
1. STATE OF KARNATAKA
BY CUBBON PARK POLICE STATION
CUBBON PARK, BANGALORE
2. SANTHOSH
S/O LATE RAVI KUMAR
AGED 27 YEARS 7
C/O PRIMARY HEALTH CENTER»
DODDABOMMASANDRA POST»
ANEKAL TALUK -
BANGALORE DISTRICT. _~
oo an _ RESPONDENTS
(BY SRI VIJAY KUMAR MAJAGE, HGP POR R-1)} CRL.P FILED U/S.482 GRPC PRAYING TO QUASH THE PRIVATE COMPLAINT FILED. BY THE 2ND RESPONDER? IN. POR NO.1057/11 ON THE FILE OF THE VOI ADE. ©. YM. M.., » BANGALORE. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
(ORDER The petitionsrs have sought for quashing meen of Crime No.12/2011 registered for offences punishable under Sections 420, 465 r/w. 34 So ERC, The matter is under investigation.
2. The learned Counsel for petitioners would a . . submit that allegations made against these petitioners are false. In fact, the incentive payable on the death of late Kavi Kumar was paid to the mother of respondent COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR
- 3.
No.2. Therefore, the continuation of investigation against petitioners would be abuse of process of law. The learned Counsel would further submit that there is os delay in lodging first information. ; |
3. The learned Government Pleader would submit . that investigation is under progress. and 'there is material to show thot petitioners herein are in connivance with other 'accused and have drawn the incentive payable to petitioners on the death of late Ravi Kumar.
4. As the investigation iz | under progress, it is not necessary for ine to make the detail analysis of the facts oo, And, circumstances 2 of 'the case but for stating that there
- IB. prime 1 facie material against petitioners. Therefore, there are ne 0 grounds te quash the proceedings. Petition | os is dismiseed, accordingly.
Sd/-
JUDGE T1a8 .