Partly allowed

Panchaksharaiah T B v. State of Karnataka

Karnataka HC14 Jun 2022CRL.P/706/2020

Case brief

AI extract

What is this about?

This Criminal Petition challenged proceedings regarding offences of criminal mischief, cheating, and intimidation. The court held that the investigation was flawed as it ignored explicit CCTV evidence relied upon by the complainant. The petition was partly allowed to direct police reinvestigation. The high court of karnataka stayed further proceedings. In the interest of justice, the petition was

What did the court decide?

Criminal Petition allowed in part; case remanded to police for further investigation based on CCTV footage; trial stayed.

Panchaksharaiah T B Vs State of Karnataka — Civil Procedure and Limitation | Karnataka HC (2022)

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CRL.P No. 706 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JUNE, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 706 OF 2020

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BETWEEN:

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PANCHAKSHARAIAH T.B., S/O LATE BASAPPA AGED ABOUT 59 YEARS, R/AT: NO.661 8^TH ‘A’ MAIN, 3^RD BLOCK 3^RD STAGE, BASAVESHWARANAGAR BENGALURU – 560 079.

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RAJANNA S/O LATE BASAPPA AGED ABOUT 55 YEARS R/AT:NO.661 8^TH ‘A’ MAIN, 3^RD BLOCK 3^RD STAGE, BASAVESHWARANAGAR BENGALURU – 560 079.

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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LOKESH S/O SIDALINGAPPA AGED ABOUT 58 YEARS, R/AT: NO.50 SURANA MARBLES MAGADI MAIN ROAD KAMAKSHIPALYA BENGALURU – 560 079.

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…PETITIONERS

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(BY SRI LEELADHAR H.P., ADVOCATE)

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CRL.P No. 706 of 2020

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AND:

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STATE OF KARNATAKA BY SESHADRIPURAM POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING

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BENGALURU – 560 001.

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VINAY BAFNA S/O DHAN RAJ AGED ABOUT 52 YEARS R/AT: NO.16, 4^TH CROSS KUAMRA PARK WEST SESHADRIPURAM BENGALURU – 560 020.

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…RESPONDENTS

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(BY SRI K.S.ABHIJITH, HCGP FOR R1; SRI S.G.BHAGAVAN, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 31.10.2019 AND CONTINUOUS PROCEEDINGS FOR TAKING COGNIZANCE OF THE OFFENCE P/U/S 448, 385, 504, 506 R/W 34 OF IPC, IN C.C.NO.26121/2019 ON THE FILE OF THE XXXII A.C.M.M., AT BENGALURU AGAINST THE PETITIONERS HEREIN UNDER ANNEXURE-A.

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

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CRL.P No. 706 of 2020

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ORDER

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The petitioners are before this Court calling in question proceedings in C.C.No.26121 of 2019, particularly to the order taking cognizance on 31-10-2019, for the offences punishable under Sections 448, 385, 504, 506 r/w 34 of the IPC.

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Heard Sri H.P.Leeladhar, learned counsel appearing for the petitioners, Sri K.S.Abhijith, learned High Court Government Pleader appearing for respondent No.1 and Sri S.G.Bhagavan, learned counsel appearing for respondent No.2.

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Sans details, facts in brief are as follows:-

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The case of the prosecution is that a complaint was registered on 06-07-2019 alleging that the 1^st petitioner a resident of Basaveshwarnagar had purchased properties belonging to the 2^nd respondent/complainant in the years 2017 and 2018 and later started threatening the complainant with

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some anti-social elements seeking to illegally extract money. The prosecution claims that in the month of June 2019 when the 1^st petitioner came to know that the complainant had

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CRL.P No. 706 of 2020

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arranged marriage of his daughter, the 1^st petitioner again planned to threaten or take advantage of the occasion to demand money. On 19-06-2019 it is alleged that the 1^st petitioner along with six persons having criminal background goes to the house of the complainant and demanded money or otherwise threatened to create ruckus in the ensuing wedding ceremony. Based upon this incident, the complainant registers a complaint in Crime No.72 of 2019 alleging offences punishable under Sections 448, 385, 504 and 506 of the IPC. The Police, after investigation, have filed a charge sheet in the matter. The learned Magistrate takes cognizance of the offence which drives the petitioners to this Court in the subject petition.

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The learned counsel Sri H.P.Leeladhar appearing for the petitioners raises a solitary issue that the complaint before the jurisdictional police while narrating entire events claims that all the illegal activities of the petitioners and their associates are recorded in the CCTV installed at the complainant’s house. The CCTV recordings are not even looked into while filing the charge sheet. Therefore, the event itself

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CRL.P No. 706 of 2020

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has not happened and without there being any evidence the petitioners are proceeded against.

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The learned counsel appearing for the 2^nd respondent Sri S.G.Bhagavan though would refute the contention to contend that for the fault of the Investigating Officer the complainant should not be held responsible as he has completely cooperated with the investigation and would submit that if a re-investigation is ordered, the matter could be resolved.

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The learned High Court Government Pleader would also

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admit the lacunae in the investigation and would submit that in the event the Court would order for re-investigation the CCTV footage would be taken and further proceedings would be carried on.

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I have given my anxious consideration to the

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submissions made by the respective learned counsel and the perused the material on record.

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CRL.P No. 706 of 2020

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Since the entire issue now springs from what is narrated in the complaint, it is germane to notice the complaint itself and it reads as follows:

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“Sir,

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Sub: Complaint against T.B.Panchaksharaiah, S/o Basappa, resident of Basaveshwarnagar, Bengaluru (Mobile No.9986666858) and his associates for criminal trespass to my house, life threatening to me and my family members by showing deadly weapons, using filthy language and criminal intimidation.

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With reference to the above subject, I state that I am the permanent resident at the above mentioned address and I am doing business of leasing from the last 30 years. One T.B.Panchaksharaiah S/o Basappa, resident of Basaveshwarnagar, has purchased some of the properties belonged to me in the year 2017 and 2018. After this transaction, he thought that I had sufficient properties and money. In order to extract money from me, he started to threaten me from some of the anti-social element. He has made some threatening calls through some of the persons who claiming to be so called under world don and threatened me with dire consequences and they tried to extract money by threatening me. However, initially I did not care about the same. When the days are going on, the said T.B.Panchaksharaiah started to bring some anti-social elements to my house frequently and threatened me and my family members. During the month of June, 2019 he came to know that I have arranged marriage of my daughter on 26-06-2019. Taking advantage of this occasion, he planned to threaten and to make money, on 19-06-2019 he along with six other persons who are having

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CRL.P No. 706 of 2020

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criminal background came to my house and demanded me to pay money or otherwise they will create some ruckus in the wedding ceremony. They have also threatened me that they will take away my life. They have also used filthy language on me and my family members. Since I have arranged my daughter’s marriage on 26-06-2019 I was busy in preparation of marriage and I was not in a mood to disturb my family members by filing a complaint before your goodself. Due to the said reason, I could not file a complaint. Again on 5-07-2019 at about 8 a.m. he came to my house along with six persons and forcibly tried to enter my house. By that time, my wife has not opened the door and she resisted the same. The said T.B.Panchaksharaiah and other goonda elements who came with him have openly threatened my wife that if I do not pay the money as demanded by him, they will kill me or they will throw acid on me and family members and they have also threatened that they will make an accident when I travel. Immediately my wife has called me and informed about the incident. Thereafter, the said T.B. Panchaksharaiah has called me on my mobile and demanded me to pay the money. He has also scolded in filthy language. The said T.B. Panchaksharaiah is not allowing me to lead my life peacefully. Every day he is threatening and demanding money. Each and every time he is bringing different group of persons to threaten me and create an atmosphere of fear on me and my family members. Due to this incident my aged father, wife and my children state of shock and there is traumatised condition. There is a life threat me on my and on my family members. If anything happens to me or to my family members that will be only because of him and he will be the solely responsible for the same. All the illegal activities of the said T.B.Panchaksharaiah and his associates are recorded in CCTV camera installed at my house.

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Wherefore, I request your goodself to register a criminal case for committing criminal trespass, life threatening on me and my family members, criminal intimidation and other criminal offences committed by T.B.

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CRL.P No. 706 of 2020

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Panchaksharaiah and his associates and I further request your goods to give protection on me and my family members.

Thanking you,

Yours faithfully,

Sd/-

Vinay Bafna.”

The complainant narrates the events that have happened on 19-06-2019 and 05-07-2019 and categorically concludes the complaint stating that all illegal activities are recorded in the CCTV camera installed in the house. The police investigated into the matter. Despite categorical assertion of the complainant in the complaint that all illegal activities are captured in the CCTV camera that is installed in the complainant’s house, the first thing the Investigating Officer ought to have done was to look into and take CCTV footage as evidence, since it was the very assertion of the complainant. But, the other evidence that is secondary is sought to be pressed into service by the Investigating Officer and on that basis has filed the charge sheet. This becomes a case where further investigation is required to be conducted in tune with the complainant’s complaint and also collection of evidence by

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CRL.P No. 706 of 2020

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deciphering the CCTV footage. Till such time, the trial that is on against the petitioners is required to be stalled.

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For the aforesaid reasons, I pass the following:

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O R D E R

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(i) Criminal Petition is allowed in part.

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(ii) The jurisdictional police is directed to conduct further investigation in Crime No.72 of 2019 only with regard to the events recorded completely in CCTV camera installed in the house of the complainant as was contended by him and file a supplementary report before the concerned Court within 2 months from the date of receipt of a copy of this order.

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(iii) Till such time, further proceedings in C.C.No.26121 of 2019 shall remain stayed.

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Sd/JUDGE

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BKP

Panchaksharaiah T B v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Panchaksharaiah T B v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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