Karnataka High Court
Eashwar A And Anr vs The State on 11 September, 2024
Author: K Natarajan
Bench: K Natarajan
-1-
NC: 2024:KHC-K:6831
CRL.P No. 200570 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.200570 OF 2023
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. EASHWAR A. S/O SUBRAMANYA AACHARI A.B.
AGE: 52 YEARS, OCC: BUSINESS,
R/O H.NO.9-2-3, NEAR NETAJI CIRCLE,
MADDIPET, RAICHUR.
2. BASAWARAJ HUGAR S/O MARTHANDAPPA,
AGE: 45 YEARS, OCC: RETD GOVT. SERVANT,
NEAR ANJENAYYA TEMPLE,
SATYANATHA COLONY, RAICHUR.
...PETITIONERS
(BY SRI. VARUN PATIL, ADVOCATE)
Digitally signed
by KHAJAAMEEN
L MALAGHAN AND:
Location: High
Court Of
Karnataka THE STATE THROUGH
SADAR BAZAR P.S. RAICHUR
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA KALABURAGI BENCH
KALABURAGI-585107.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP)
-2-
NC: 2024:KHC-K:6831
CRL.P No. 200570 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO CALL FOR THE RECORDS, HEAR THE
PETITIONER, ALLOW THE PETITION AND QUASH THE
PROCEEDINGS IN C.C.NO.87/2020 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 355, 332, 353 AND
149 IPC PENDING ON THE FILE OF PRL. JMFC RAICHUR, AND
ALSO GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT
DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K NATARAJAN
ORAL ORDER
(PER: HON'BLE MR JUSTICE K NATARAJAN) This petition is filed under Section 482 of Cr.P.C. by the petitioners - accused Nos.4 and 23 seeking to quash the proceedings in C.C.No.87/2020 for the offences punishable under Sections 143, 147, 355, 332, 353 and 149 of IPC, pending on the file of Prl. JMFC Court at Raichur.
-3-
NC: 2024:KHC-K:6831 CRL.P No. 200570 of 2023
02. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent - State.
03. The case of the prosecution is that CW.1 - Eranna, ASI of Sadar Bazaar Police have filed the complaint alleging that himself and other constables were posted for security in front of the D.C. Office, at Raichur on 25.04.2019 where the people going to procession and come to the D.C. Office. A prohibition order was passed and the mob is permitted to hold a meeting in Tippu Sultan Park, but they had came to D.C. Office. They tried to enter in the D.C. Office, when they prevented, they thrown the foot wears, slippers, water bottle, water pouch, etc., and caused injury. The accused No.1 said to be caused injury and caught hold and got the name and said to be escaped. Then the complainant and others are said to be sustained injuries. The accused persons were said to be prevented the complainant and shown a criminal force on the public servant from discharging the official duty and -4- NC: 2024:KHC-K:6831 CRL.P No. 200570 of 2023 caused injury. After receiving the complaint, a FIR has been registered and investigated the matter and filed the charge-sheet against accused Nos.1 to 23. Even though 50 to 60 persons said to be formed a mob and attacked the D.C. Office.
04. The learned counsel for the petitioners contended that the name of these petitioners is implicated only on the basis of voluntary statement of the accused No.1. There is no specific allegation against them. The accused No.23 is a retired police officer worked with the C.W.1. Due to the personal grudge, he has been implicated. The accused No.4 is a businessman, nothing to do with the case. He has been falsely implicated. Therefore, conducting the trial is nothing but abuse of process of law. Hence, prayed to allow the petition.
05. Per contra, the learned High Court Government Pleader seriously objected the petition contending that Sections 143 and 149 of IPC are invoked, there cannot be any specific protect against accused persons. They are all -5- NC: 2024:KHC-K:6831 CRL.P No. 200570 of 2023 came in a mob and attacked the D.C. office and the police officials. Therefore, if at all any defence, they have to take the same in the Trial Court in the trial and not in the 482 petition. Hence, prayed to dismiss the petition.
06. Having heard the arguments and on perusal of the records, which reveals that a complaint was registered against the accused No.1 and 50 to 60 other persons. The name of these petitioners was not mentioned in the FIR. During the investigation and on the voluntary statement of co-accused, the names of these petitioners were implicated as accused No.4 and 23. A mob was said to be went to the D.C office, on 25.04.2019 on the background of a rape cum murder of the engineering student in the college campus. Due to this so many celebrities, cinema actors and other public figures were assembled for taking action against those culprits in the crime. These petitioners said to be a part of the mob went to the D.C. office and trying to enter in the D.C. office which was prevented by the complainant and others who posted for -6- NC: 2024:KHC-K:6831 CRL.P No. 200570 of 2023 security. At the time, they said to be thrown the slippers, water bottles and pouch and caused injury and prevented them from discharging the official duty.
07. On careful reading of the charge-sheet, the names of these petitioners was came to know by the complainant and police constable through the police station. They are not specifically identified on the spot. Even the police have not conducted any test identification crime or collected any syria for having connecting with the accused No.1 or CCTV footage collected from the D.C. office to show the presence of the petitioners in the mob and they participated in the mob. Therefore, considering the fact, merely on the voluntary statement of the accused No.1, the names of these petitioners were implicated. Of course there cannot be any specific allegation in a case like unlawful assembly, where more than 50 to 60 persons were gathered and a specific over-tract cannot be attributed against each of the accused. However, the names of these petitioners implicated only on the -7- NC: 2024:KHC-K:6831 CRL.P No. 200570 of 2023 voluntary statement of the co-accused. There is no recovery for connecting these petitioners with the crime. No photograph, CCTV footage or CDR collected by the Investigating Officer to connect these petitioners with the crime. Such being the case, conducting criminal proceedings against these petitioners is nothing but abuse of process of law. Accordingly, I proceed to pass the following;
ORDER I. The petition is allowed.
II. The criminal proceedings in C.C.No.87/2020 for the offences punishable under Sections 143, 147, 355, 332, 353 and 149 of IPC, pending on the file of Prl. JMFC Court at Raichur, against these petitioners, is hereby quashed.
Sd/-
(K NATARAJAN) JUDGE KJJ List No.: 1 Sl No.: 2