Karnataka High Court
Vijaya Kumar vs State Of Karnataka on 7 January, 2019
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY 2019
BEFORE
THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR
CRIMINAL PETITION NO.1 OF 2019
BETWEEN:
1. Vijaya Kumar,
S/o. Mayanna,
Aged about 40 years,
R/o No.33, 10th Cross, 8th Main,
RPC Layout, Vijayanagar,
Bengaluru-560 040.
2. Kumar,
S/o. Balaiah,
Aged about 50 years,
R/o No.35, 3rd Cross,
Chandrashekar Layout,
Sree Gandha Kaval, Magadi Road,
Bengaluru-560 091.
3. Mallikarjun,
S/o. Rajanna,
Aged about 31 years,
R/o. Narayanapura,
Agalaya Post,
S.B.Halli,Hobli, K.R.Pet Taluk,
K.R.Pet Taluk, Mandya,
Mandya.
2
4. Basavanna,
S/o. Mallegowda,
Aged about 31 years,
R/o. No.94, Dhobighat, 3rd Cross,
Brundavana Nagar, Jinke Park Road,
Sreenagar, Bengaluru-560 050.
5. Santhosh,
S/o. Subbanna,
Aged about 36 years,
R/o No. 83/1, 1st Main Road,
1St Cross, Kasturi Baa Road,
Pipe Line West, Bengaluru-500 026.
6. Sharavana,
S/o. Muniyan,
Aged about 43 years,
R/o. No.211, Lakshmanapuri,
Gandhinagar, Bengaluru-560 009.
7. Babu,
S/o. Ramakrishna,
Aged about 35 years,
R/o No.548, Lakshmanapuri,
Gandhinagar, Bengaluru-560 009.
8. Naga
S/o. Kuppa,
Aged about 33 years,
R/o No.358, Lakshmanapuri,
Gandhinagar, Bengaluru-560 009.
9. Ramesha Y.N,
S/o. Nanjundaiah,
Aged about 45 years,
R/o No.14, Mount Charya Road,
Hanumanth Nagar, Bengaluru-560 019.
3
10. S. Abhiram,
S/o. Ramakrishnarao,
Aged about 39 years,
R/o. No.3/41/2,
Near Khanikkaparashwari Temple,
Attibele, Bengaluru-562 107.
11. Pankaj Kumar,
S/o. Siyaram Pandey,
Aged about 32 years,
R/o 26/27, 1st Floor, No.03,
Ajith Layout, Yamuna Bai Road,
Batrahalli, Bengaluru-560 049.
12. Shashidhar,
S/o. T.D.Veeregowda,
Aged about 40 years,
R/o. No.681, 3rd Main Road,
Raghavendra Badavane,
Bengaluru-560 051.
13. Manjunath,
S/o. Shivanna,
Aged about 34 years,
Ramanagar,
Ramanagar District-571 511.
14. Dileepsingh,
S/o. Ramakrishna Prasadh,
Aged about 32 years,
R/o.No.50,
Vinayaka Layout,
Bengaluru-560 049.
15. Ganesh,
S/o. Rangaswamy,
Aged about 27 years,
R/o. Gudisalu Mane,
Vaddara Palya,
4
Mahalakshmi Layout,
Bengaluru-560 086.
16. S.Vishwanath,
S/o. Shivanna,
Aged about 36 years,
R/o. No.32, Yelahanka,
Devanahalli-562 110.
17. Gajendra,
S/o. Lakshmana Rao,
Aged about 36 years,
R/o No.24/11, Industrial Estate,
Rajajinagar, Bengaluru-560 023.
18. Rajesh Sharma,
S/o. Rajaram Sharma,
Aged about 42 years,
R/o No.301, Swarna Maala,
Opp B.E.M.L Hospital, G.N.Palya,
Bengaluru-560 093.
19. Nayaz,
S/o. Imbrahim,
Aged about 33 years,
R/o No.287, Gangonahalli,
Near Mecca Majidh,
4th Cross, Nayandanahalli,
Bengaluru-560 039.
20. Santhosh,
S/o. Balaram,
Aged about 36 years,
R/o No.45, 3rd Cross,
Muniveerappa Block,
Palace Guttahalli,
Bengaluru-560 003.
5
21. Prakash,
S/o. Balakrishna,
Aged about 48 years,
R/o No.26, 8th Cross,
Nandhini Layout,
Bengaluru-560 096.
22. Deepak,
S/o. Lakshman,
Aged about 26 years,
R/o No.344, 2nd Cross,
Nagappa Block, Sreerampura,
Bengaluru-560 021.
23. Kiran,
S/o. Rajanna,
Aged about 28 years,
R/o No.260, 2nd Main,
1st Cross, Sreerampura,
Bengaluru-560 021.
24. Bettaswamy,
S/o. Bettaiah,
Aged about 33 years,
R/o 4th Cross, Annapurneshwari Nagar,
Yaggana Halli, Vishwanidam Post,
Bengaluru-560 091.
25. Jayaram,
S/o. Ramanna,
Aged about 36 years,
R/o No.731, Kottanagere Palya,
Kunigal Taluk,
Tumkur District-562 123.
26. Rajesh,
S/o. Shivappa,
Aged about 28 years,
R/o. Bachenahalli,
6
Gundlu Pet Taluk,
Chamarajanagar District-571 111.
27. Shivaraj,
S/o. Jayaram,
Aged about 43 years,
R/o Millan Hospital, Kumar Park East,
Bengaluru-560 001.
28. Govinda Raju,
S/o. Late Narayanappa,
Aged about 58 years,
R/o No.100, Narayanappa Building,
Old Madras Road, K.R.Puram,
Bengaluru-560 016.
29. Ravi,
S/o. Gangaraj,
Aged about 47 years,
R/o No.19, 5th Main Road,
Vijayanagar,
Bengaluru-560 040.
30. Govinda Swamy,
S/o. Palani Gowda,
Aged about 56 years,
R/o No.19, 5th Cross,
Kamala Nagar,
Bengaluru-560 079.
31. Chandru,
S/o. Nagaraj,
Aged about 27 years,
R/o No.807/1, Ittige Gudu,
Mysuru-570 010.
32. Anil Kumar,
S/o. Chandrashekar,
Aged about 29 years,
7
R/o No.93, M.S.P.N.Line,
Police Quarters, Mysuru Road,
Bengaluru-560 026.
33. Imbran,
S/o. Jamir Ahmed,
Aged about 36 years,
R/o No.62, 2nd Main Road,
Chikkapet, Bengaluru-560 053.
34. Harish,
S/o Ugraiah,
Aged about 35 years,
R/o No.1020, 2nd Cross, 5th Main Road,
R.T.Nagar, Bengaluru-560 032.
35. Shekhar,
S/o. Armugam,
Aged about 33 years,
R/o No.12, Lakshmana Puri,
Gandhinagar,
Bengaluru-560 009.
36. Shivaram,
S/o. Puttaswamaiaah,
Aged about 33 years,
R/o. Hanuma Pura, Devala Pura Hobli,
Nagamangala Taluk,
Mandya District-571 432.
37. S.Ahmedh,
S/o.S.Khan,
Aged about 46 years,
R/o No.304, 4th A Cross,
3rd A Main Road,
Doddabanasavadi,
Bengaluru-560 043.
8
38. Ranganatha,
S/o. Narayanappa,
Aged about 50 years,
R/o No.889, 18th Block,
5th Phase,
Yelahanka New Town,
Bengaluru-560 064.
39. Manju,
S/o. Anandh,
Aged about 37 years,
R/o Boriningana Palya,
Kunigal Taluk,
Tumkur-572 130.
40. Umesh,
S/o Rangappa,
Aged about 50 years,
R/o No.1609, 6th Cross,
Rajajinagar, A Block,
Bengaluru-560 010.
41. Rajkumar,
S/o Nagaiah Swamy,
Aged about 33 years,
R/o Near Anjaneya Temple,
Kengeri,
Bengaluru-560 060.
42. Mallikarjun,
S/o Lingaiah,
Aged about 47 years,
R/o Janardhan Hotel Security,
Bengaluru.
43. Manohar,
S/o. Vedachalam,
Aged about 49 years,
R/o No.294, Lakshmanpuri,
9
Gandhinagar,
Bengaluru-560 009.
44. Viji,
S/o. Eshwar,
Aged about 43 years,
R/o No.101,
Sahibab Nagar,
Sreerampura,
Bengaluru-560 021.
45. A.Ravikumar,
S/o. Ashwathnarayanappa,
Aged about 40 years,
R/o 414, Quarters, IASC,
Bengaluru.
46. Ramesh,
S/o Krishnappa,
Aged about 41 years,
R/o No.4, 5th Cross,
Chowdeshwari Nagar,
Laggere,
Bengaluru-560 058.
47. Annappa,
S/o. Ayyappa,
Aged about 35 years,
R/o No.28, 4th Cross,
Venkatala, Yelahanka,
Bengaluru-560 064.
48. Bhaskar,
S/o Arale Gowda,
Aged about 31 years,
R/o No.48, Hongasandra Cross,
1st Cross, Bommanahalli,
Bengaluru-560 068.
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49. Kumar,
S/o Kariyappa,
Aged about 33 years,
R/o Kamala Nagar,
Chandra Nagar, Bengaluru-560 078.
50. Subramani,
S/o. Narasimhaiah,
Aged about 44 years,
R/o No.33, Kapila Nagar,
Hegganahalli East,
Bengaluru-560 091.
51. H.S.Gangadhara,
S/o Late V. Siddappa,
Aged about 48 years,
R/o Aluru, Gulur Hobli,
Tumkur Taluk, Tumkur District-570 105.
52. Rajesh,
S/o. Late Ramadasappa,
Aged about 39 years,
R/o No.5, K.H.R.Colony,
J.J.Nagar, Bengaluru-560 080. ...Petitioners
(By Sri.Bharath Kumar.V, Advocate)
AND:
1. State of Karnataka,
Through Station House Officer,
High Grounds Police Station,
Bengaluru-560 052.
Represented by:
State Public Prosecutor,
Hon'ble High Court of Karnataka,
Bengaluru-560001.
11
2. Police Inspector,
High Grounds Police Station,
Bengaluru-560 052. ... Respondents
(By Sri.S.Rachaiah, Learned HCGP)
This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to (A). Quash the FIR bearing
No.321/2014 dated 08.11.2014 along with the information
dated 08.11.2014 registered with the respondent High
Grounds Police Station and pending on the file of the I-
M.M.T.C., Bengaluru vide Annexure-A. (B). Quash the
final report filed by the respondent No.1 police in the
aforementioned matters bearing Cr.No.321/2014 currently
renumbered as C.C.No.12122/2015 pending before the I-
M.M.T.C., Bengaluru vide Annexure-B. (C). Quash the
entire proceedings in the aforementioned matters bearing
Cr.No.321/2014 currently renumbered as
C.C.No.12122/2015 pending before the Hon'ble I-
M.M.T.C., Bengaluru vide Annexure-C.
This Criminal Petition coming on for Admission this
day, the Court made the following:-
ORDER
Heard Shri Bharath Kumar.V, learned advocate for the petitioners and Sri.S.Rachaiah, learned HCGP for respondents.
2. Shri Bharath Kumar.V, learned advocate for the petitioners submits that the police have registered 12 FIR No.321/2014 on the file of the VIII Addl. Chief Metropolitan Magistrate, Bengaluru City in High Grounds Police Station for non-cognizable offences punishable under Sections 78(1)(a)(vi), 78(B) and 79 of the Karnataka Police Act, 1963 and Section 188 of IPC. After registration of FIR, Police have investigated the case and filed the charge sheet without obtaining prior permission from the learned Magistrate.
3. The submission of learned advocate for the petitioners is not disputed by the learned HCGP.
4. This Court has taken a consistent view that police cannot investigate into non-cognizable offences, without obtaining express permission from the jurisdictional Magistrate. [See B.M.Suresh Vs. The State of Karnataka and another (Crl.P.No.4974/2016 D.D. 10.08.2016)].
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5. In the circumstances, this petition merits consideration and it is accordingly allowed. The proceedings in C.C.No.12122/2015 on the file of the Metropolitan Magistrate, Traffic Court-I, Bengaluru, are quashed, so far as petitioners are concerned.
No costs.
Sd/-
JUDGE bnv*