Allowed

Ravi Muniyappa @ Ravi M @ v. the State Government of Karnataka

Karnataka HC12 Nov 2020CRL.P/4885/2020

Case brief

AI extract

What is this about?

Criminal petition filed under Section 482 CrPC seeking quashing of proceedings against accused No. 22. The court held that on mere stray allegation of conspiracy via WhatsApp, without corroborating evidence in the charge sheet, continuation of proceedings would not serve the ends of justice, thus allowing the petition.

What did the court decide?

Crime No. 53/2020 (C.C. No. 6032/2020) pending before XXXI Addl. CMM, Bangalore is quashed insofar as it concerns the petitioner-accused No. 22.

Ravi Muniyappa @ Ravi M @ Vs the State Government of… — Quashing and FIR | Karnataka HC (2020)

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CRL.P. No.4885 OF 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF NOVEMBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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CRIMINAL PETITION NO.4885 OF 2020

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BETWEEN:

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RAVI MUNIYAPPA @ RAVI .M @ CYCLE RAVI S/O MUNIYAPPA AGE: ABOUT 43 YEARS RESIDING AT NO.9/2/78 2^ND FLOOR, MANGANAHALLI KHODIGEHALLI GRAMA PANCHAYATH YEHWANTHAPURA HOBLI BNEGALURU NORTH ... PETITIONER (BY SRI. PRINCE ISAC, ADVOCATE)

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AND:

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THE STATE GOVERNMENT OF KARNATAKA BY PEENYA POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING ANNEXE, BENGALURU-560001 ... RESPONDENT (BY SRI.K. NAGESHWARAPPA, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C, PRAYING TO QUASH ALL THE PROCEEDINGS INITIATED AGAINST THE PETITIONER AS ACCUSED NO.22 IN CR.NO.53/2020 AND C.C.NO.6032/2020 ON THE FILE OF THE LEARNED XXXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR THE OFFENCE P/U/S 120-B, 143, 144, 147, 148, 427, 504, 506 R/W SEC. 149 OF IPC AND SEC. 25(1) OF ARMS ACT.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE THE FOLLOWING:

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CRL.P. No.4885 OF 2020

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ORDER

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The petitioner is before this Court seeking for quashing of the proceedings against the petitioner-accused No.22 in Crime No.53/2020 (C.C.No.6032/2020) pending on the file of XXXI Addl.CMM, Bangalore for alleged offences under Section 120(B), 143, 144, 147, 148, 427, 504, 506 r/w Section 149 of IPC.

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Sri.Prince Isac, learned counsel for the petitioner would submit that though the petitioner has been arrayed as accused No.22, a perusal of the charge sheet indicates that there is only one stray allegation made against the petitioner-accused No.22. In that he is stated to have been part of the conspiracy by making calls using Whats' App. In this regard he submits that the entire charge sheet and the documents produced along with charge sheet including the statement of witnesses do not corroborate this particular statement made in the charge sheet.

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On enquiry with learned HCGP, the learned HCGP is not able to point out to any particular document or

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CRL.P. No.4885 OF 2020

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statement of any witness which would support the allegation made in the charge sheet that the petitioneraccused No.22 had in fact made a whats app call, if so to whom and when. There being no particular document or evidence which is on record which could implicate the petitioner, I am of the considered opinion that continuation of proceedings insofar as the petitioner-accused No.22 would not be in the end of justice. On a mere stray allegation, the petitioner cannot be subjected to criminal prosecution. As such the proceedings in Crime No.53/2020 in C.C.No.6032/2020 pending on the file of XXXI

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Addl.CMM, Bangalore is hereby quashed.

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The petition is accordingly allowed.

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In view of the disposal of the petition, IA-1/2020 does not survive for consideration and is accordingly dismissed.

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Sd/JUDGE

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Ravi Muniyappa @ Ravi M @ v. the State Government of Karnataka

Case brief

What is this about?

What did the court decide?

Ravi Muniyappa @ Ravi M @ v. the State Government of Karnataka

Case brief

What is this about?

What did the court decide?

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