Allowed

Mr.Kiran Hebbar v. the State of Karnataka

Karnataka HC10 Nov 2023CRL.P/3310/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka issued two orders on criminal bail and quash petitions under Section 482 CrPC. In one, the petition was dismissed as the trial court had already taken cognizance. In the other, the proceedings were quashed because the victim executed a release deed, compromising the dispute over the accused's inheritance.

What did the court decide?

The impugned prosecution against the petitioners in CC No.13492/2021 was quashed due to the execution of a release deed by the victim.

Mr.Kiran Hebbar Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:40513 CRL.P No. 3310 of 2021 C/W CRL.P No. 8888 of 2021

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 10^TH DAY OF NOVEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 3310 OF 2021

¶6

C/W

¶7

CRIMINAL PETITION NO. 8888 OF 2021

¶8

IN CRL.P.NO. 3310/2021:

¶9

BETWEEN:

¶10

MR. KIRAN HEBBAR, AGED ABOUT 53 YEARS, S/O LATE SRI. NARAYAN HEBBAR K, FLAT NO. 2164, PRESTIGE SOUTH REDGE, 125, HOSAKEREHALLI, BSK 3RD STAGE, BANGALORE - 560 085.

¶11

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

¶12

MRS. VEENA PRAKASH, AGED ABOUT 57 YEARS, D/O LATE SRI. NARAYAN HEBBAR. K, W/O SRI. K.N. PRAKASH, NO.29, 1ST MAIN ROAD, DOMLUR LAYOUT, DOMLUR, BANGALORE - 560 071.

¶13

…PETITIONERS

¶14

(BY SRI. SIDDHARTH B. MUCHANDI, ADVOCATE)

¶15

AND:

¶16

THE STATE OF KARNATAKA, BY THE POLICE OF RAJAJINAGAR P.S., BANGALORE CITY, (REPRESENTED BY SPP), HIGH COURT OF KARNATAKA,

¶17

2 - NC: 2023:KHC:40513 CRL.P No. 3310 of 2021 C/W CRL.P No. 8888 of 2021

¶18

HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001.

¶19

MR. K.N. RAVI HEBBAR, AGE ABOUT 55 YEARS, S/O LATE SRI. NARAYAN HEBBAR K, NO. 949, 2ND MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BANGALORE - 560 010.

¶20

…RESPONDENTS

¶21

(BY SMT. WAHEEDA M.M, HCGP FOR R1; R2 SERVED AND UNREPRESENTED)

¶22

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND ENTIRE PROCEEDINGS IN CR. NUMBER.20/2021 PENDING BEFORE THE HONBLE 39TH ADDL. CMM COURT AT BANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 504, 506, 427 R/W 143 OF IPC.

¶23

IN CRL.P.NO. 8888/2021 BETWEEN:

¶24

MR. KIRAN HEBBAR, AGED ABOUT 53 YEARS, S/O LATE SRI. NARAYAN HEBBAR K, FLAT NO. 2164, PRESTIGE SOUTH REDGE, 125, HOSAKEREHALLI, BSK 3RD STAGE, BANGALORE - 560 085.

¶25

MRS. VEENA PRAKASH, AGED ABOUT 57 YEARS, D/O LATE SRI. NARAYAN HEBBAR. K, W/O SRI. K.N. PRAKASH, NO.29, 1ST MAIN ROAD,

¶26

3 - NC: 2023:KHC:40513 CRL.P No. 3310 of 2021 C/W CRL.P No. 8888 of 2021

¶27

DOMLUR LAYOUT, DOMLUR, BANGALORE - 560 071.

¶28

MR. SANTOSH C, AGED ABOUT 27 YEARS, S/O CHAMARAJU, R/A NO. 337, 2ND MAIN, 1ST CROSS, GIRINAGAR, BANGALORE - 560 057.

¶29

…PETITIONERS

¶30

(BY SRI. SIDDHARTH B. MUCHANDI, ADVOCATE)

¶31

AND:

¶32

THE STATE OF KARNATAKA, BY THE POLICE OF RAJAJINAGAR P.S., BANGALORE CITY, (REPRESENTED BY SPP), HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001.

¶33

MR. K.N. RAVI HEBBAR, AGE ABOUT 55 YEARS, S/O LATE SRI. NARAYAN HEBBAR K, NO. 949, 2ND MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BANGALORE - 560 010.

¶34

…RESPONDENTS

¶35

(BY SMT. WAHEEDA M.M, HCGP FOR R1; R2 SERVED AND UNREPRESENTED)

¶36

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND ENTIRE PROCEEDINGS IN C.C.NO.13492/2021 ON THE FILE OF THE LEARNED 39TH

¶37

4 - NC: 2023:KHC:40513 CRL.P No. 3310 of 2021 C/W CRL.P No. 8888 of 2021

¶38

ADDITIONAL CMM, BENGALURU FOR THE ALLEGED OFFENCE P/U/S. 341, 323, 504, 506, 427 R/W SEC. 34 OF TPC.

¶39

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

¶40

ORDER

¶41

CRL.P.NO. 3310/2021:

¶42

In this petition, the petitioner has challenged the registration of FIR in Crime No.20/2021 by the respondent No.1 pending consideration before the 39th Additional Chief Metropolitan Magistrate Court at Bangalore for the offence punishable under Sections 323, 504, 506, 427 read with 143 of IPC.

¶43

It is stated that during the pendency of this

¶44

petition a charge-sheet was filed and the Trial Court took cognizance for the offence punishable under Sections 341, 323, 504, 506, 427 read with 34 of IPC, which is challenged in Crl.P.No.8888/2021. In that view of the matter, this petition does not survive for consideration. Therefore, this petition is dismissed .

¶45

5 - NC: 2023:KHC:40513 CRL.P No. 3310 of 2021 C/W CRL.P No. 8888 of 2021

¶46

CRL.P.NO. 8888/2021:

¶47

The petitioners who were arraigned as accused Nos.1, 2 and 4 in CC No.13492/2021 on the file of the Learned 39^th Additional Chief Metropolitan Magistrate Court, Bengaluru for the offence punishable under Sections 341, 323, 504, 506, 427 read with 34 of IPC have filed this petition to quash the proceedings initiated against them.

¶48

An action to prosecute the petitioner was initiated by respondent No.1 based on information furnished by respondent No.2 on 30.01.2021 that on 30.01.2021 at about 4.15 pm., the accused forcibly entered his house broke open the door and windows and dis-connected the electricity supply. On hearing the commotion when he came out and saw, the accused and some goons assaulted him and tore his cloths. The goons assaulted him with iron rods and stones, resulting in injuries and he was thrown out of his house. Soon thereafter, he went to K.C.General Hospital, where he was

¶49

6 - NC: 2023:KHC:40513 CRL.P No. 3310 of 2021 C/W CRL.P No. 8888 of 2021

¶50

treated and a medico legal case was registered. Based on this the respondent No.1 registered a case in Crime No.20/2021 for the offence punishable under Sections 323, 504, 506, 427 read with 143 of IPC and took up investigation. After investigation a charge-sheet was filed for the offence punishable under Sections 341, 323, 504, 506, 427 read with Section 34 of IPC. The Trial Court perused the records and held that there was a prima-facie case to proceed against the accused and hence took cognizance of the aforesaid offences and registered CC No.13492/2021 and issued process to the accused.

¶51

Being aggrieved by the same, this petition is filed by the petitioner challenging the prosecution launched against them.

¶52

The learned counsel for the petitioners submits that the respondent No.2 is their brother. He submits that the dispute was relating to a Will executed by the mother of the petitioners in their favour by excluding respondent No.2. He submits that after the complaint was lodged and

¶53

7 - NC: 2023:KHC:40513 CRL.P No. 3310 of 2021 C/W CRL.P No. 8888 of 2021

¶54

a charge-sheet was filed, the respondent No.2 has executed a deed of release dated 26.03.2021 relinquishing all his right, title and interest in the property that was bequeathed in favour of the petitioner Nos.1 and 2. He has also placed on record, a copy of the release deed. He therefore, submits that the prosecution against the petitioner is not warranted in view of the settlement entered into between the parties.

¶55

The respondent No.2 has consistently remained

¶56

absent. This court therefore, directed the respondent No.1 to ascertain whether the respondent No.2 has executed the deed of release and whether he has forgotten and forgiven the offences allegedly committed by the petitioners.

¶57

The respondent No.1 has submitted a report

¶58

dated 09.11.2023 stating that respondent No.2 is not residing at the address mentioned in the cause-title.

¶59

In view of the fact that, petitioner Nos.1 and 2

¶60

and the respondent No.2 were at dispute over a property

¶61

8 - NC: 2023:KHC:40513 CRL.P No. 3310 of 2021 C/W CRL.P No. 8888 of 2021

¶62

bequeathed by their mother in favour of the petitioner Nos.1 and 2, which later stood compromised in terms of a deed of release executed by respondent No.2 in favour of the petitioners, it could fairly be concluded that the respondent No.2 has given up all his claim against the petitioners. Consequently, continuation of the prosecution against the petitioners is unwarranted. In that view of the matter this petition is allowed.

¶63

The impugned prosecution against the

¶64

petitioners in CC No.13492/2021 on the file of the Learned 39^th Additional Chief Metropolitan Magistrate Court, Bengaluru for the offence punishable under Sections 341, 323, 504, 506, 427 read with 34 of IPC is hereby quashed .

¶65

Sd/JUDGE

¶66

KBM List No.: 1 Sl No.: 28 CT: BHK

Mr.Kiran Hebbar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr.Kiran Hebbar v. the 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

Sri. a. Dinakar Rai, Vs State by Bajape Police Station

Sri. a. Dinakar Rai Vs State by Bajape Police Station

Mr Chandrahas T Ameen Vs Mr a Dinakar Rai

S Muralikrishna Vs Smt S Shilpa

S Muralikrishna Vs Smt S Shilpa

Shivam Brij Kishore Tiwari Vs the State of Karnataka