Allowed

Sri. Krishna Jayanath Alias Krishna v. State of Karnataka

Karnataka HC14 Sept 2023CRL.P/100590/2023

Case brief

AI extract

What is this about?

The Court allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings against the petitioner in C.C. No. 1458 of 2015, holding him similarly placed to an accused whose proceedings were already quashed as dragged into the web of crime only via voluntary statements.

What did the court decide?

The petition is allowed; proceedings in C.C. No. 1458/2015 stand quashed qua the petitioner accused No. 5.

Sri. Krishna Jayanath Alias Krishna Vs State of… — Cheating and Forgery | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:10595 CRL.P No. 100590 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 14^TH DAY OF SEPTEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

¶7

CRIMINAL PETITION NO. 100590 OF 2023

¶8

BETWEEN:

¶9

SRI. KRISHNA JAYANATH @ KRISHNA S/O CHALUVE GOWDA, AGE. 36 YEARS, RESIDING AT NO.37 9^TH CROSS, KURUBARAHALLI, J.C. NAGARA, BENGALURU-560086.

¶10

ALSO AT UJJINI VILLAGE, HULUYURDURGA HOBLI, TQ. KUNIGAL, DIST. TUMKUR-572123.

¶11

… PETITIONER

¶12

(BY SRI. SHRIDHARA K. & SRI. LOKESH A.C., ADVOCATES)

¶13

AND:

¶14

VISHAL NINGAPPA PATTIHAL

¶15

Digitally signed by VISHAL NINGAPPA PATTIHAL

¶16

Date: 2023.09.16 12:09:47 +0530

¶17

STATE OF KARNATAKA, BY GANDHINAGAR POLICE, BELLARI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011.

¶18

CHIEF MINISTERIAL OFFICER, CHITTI BABU, OFFICE OF THE PRL. SR.CIVIL JUDGE & CJM, BALLARI-583101.

¶19

(BY SRI. V.S. KALASURMATH, HCGP FOR R1; SRI. JAGADISH PATIL, ADVOCATE FOR R2)

¶20

… RESPONDENTS

¶21

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN C.C. NO.1458 OF 2017, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, AT BELLARY AND TO QUASH THE PROCEEDINGS INITIATED BY THE RESPONDENT POLICE IN C.C. NO. 1458 OF 2017, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, AT BELLARY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 403, 406, 409, 420, 465, 466, 468, 471, 474, 381, 120B, 511 R/W 34 OF IPC.

¶22

¶23

NC: 2023:KHC-D:10595 CRL.P No. 100590 of 2023

¶24

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

¶25

ORDER

¶26

The petitioner is before this Court calling in question the proceedings in CC.No.1458/2015, registered for the offences punishable under Sections 403, 406, 409, 420, 465, 466, 468, 471, 474, 381, 120B, 511 R/w. 34 of IPC.

¶27

Heard Sri.Shridhar.K and Lokesha A.C., learned counsel appearing for petitioner; Sri.V.S.Kalasurmath, learned HCGP for respondent No.1 and Sri.Jagadish Patil, learned counsel for respondent No.2.

¶28

Learned counsel appearing for the petitioner submits that qua the accused No.3, this Court has quashed the proceedings on the ground that the complaint No.3 had been roped into the web of crime only, on the voluntary statement made by accused Nos.1 and 2. The quashment of the said proceedings is said to have become final. In the light of the quashment becoming final and the petitioner also similarly placed i.e. as the petitioner is also dragged into the web of crime only on the voluntary statement made by accused Nos.1

¶29

and 2.

¶30

¶31

NC: 2023:KHC-D:10595 CRL.P No. 100590 of 2023

¶32

I deem it appropriate to follow the reason rendered by the Co-ordinate bench of this Court and obliterate the proceedings against the petitioner as well.

¶33

Learned counsel Sri.Jagadish Patil appearing for respondent No.2, at this juncture would submit that the present accused has sought to become an approver by arraigning him as complainant witness – CW.21, which has come to be rejected by the concerned Court. If that be so, it is for the complainant to avail of such remedy as is available in law, as the proceedings against the petitioner as an accused are now obliterated. For the aforesaid reasons, the following:

¶34

ORDER

¶35

(i) The petition is allowed.

¶36

(ii) The proceedings in CC.No.1458/2015 pending on the file of Prl. Civil Judge and JMFC, Ballari stands quashed qua the petitioner - accused No.5.

¶37

¶38

List No.: 1 Sl No.: 8

¶39

Sd/JUDGE

Sri. Krishna Jayanath Alias Krishna v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Krishna Jayanath Alias Krishna v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Management of Vs Jayapal

Smt.Shubha W/O Nagapati Hegde Vs the Director

Kumar Kartik S/O Manjunath Hubballi, Vs the State of Karnataka

Rudrapathi Raju Rajesh Vs M/S Sunara Paper Agencies

Sri Anil S/O Basappa Awati Vs the State of Karnataka

Shivangouda Nagangouda Kallangoudra Vs the State of Karnataka