Allowed

Sri Yathindra Siddaramaiah v. State of Karnataka

Karnataka HC5 Jul 2024CRL.P/6142/2024

Case brief

AI extract

What is this about?

Criminal Petitioner sought quashal of criminal proceedings under Section 482 Cr.P.C. The Court relied on a coordinate bench decision allowing an identical petition. Finding no derogatory circumstances, the Court granted quashal of proceedings against the Petitioner based on the principle of parity and equality.

What did the court decide?

Proceedings in C.C. No. 194/2022 pending before the Principal Civil Judge & JMFC, Kanakapura stand quashed qua the Petitioner.

Sri Yathindra Siddaramaiah Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:25538 CRL.P No. 6142 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JULY, 2024 BEFORE

¶3

THE HON'BLE MR JUSTICE KRISHNA S DIXIT CRIMINAL PETITION NO. 6142 OF 2024 (482)

¶4

BETWEEN:

¶5

SRI. YATHINDRA SIDDARAMAIAH, S/O SIDDARAMAIAH, AGED ABOUT 43 YEARS R/AT NO 206, PRASIDDHA 16^TH CROSS, MC LAYOUT, VIJAYNAGAR, BENGALURU 560 040.

¶6

PRESENT: SIDDARAMAIAHANAHUNDI VILLAGE, MYSURU, C/O SECRETARY OF KPCC OFFICE, CONGRESS BHAVAN, NO. MYSORE DISTRICT – 570 010.(M.L.C)

¶7

…PETITIONER

¶8

(BY SRI. ABHISHEK K., ADVOCATE FOR SRI. ASHWIN G.RAJ.,ADVOCATE)

¶9

AND:

¶10

Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

¶11

STATE OF KARNATAKA, STATE BY KANAKAPURA TOWN POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU 560 001.

¶12

SRI. VISHWANATH, S/O LATE NOW KNOWN, AGED ABOUT 38 YEARS, OFFICE AT TALUKA OFFICE, KANAKAPURA TOWN, RAMANAGARA, KARNATAKA 562 117.

¶13

…RESPONDENTS (BY SRI.B N JAGADEESH., ADDL. SPP FOR R1; NOTICE TO R2 IS D/W V.C.O DATED 05/07/2024)

¶14

2 - NC: 2024:KHC:25538 CRL.P No. 6142 of 2024

¶15

THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.194/2022 U/S 141, 143, 290, 336 R/W 149 OF IPC AND 5(3A) OF THE KARNATAKA EPIDEMIC DISEASES ACT, 2020, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, KANAKAPURA, RAMANAGARA DISTRICT.

¶16

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

¶17

ORDER

¶18

The subject matter of this Petition, learned counsel for the Petitioner submits and the learned Addl. SPP does not dispute, is covered by the decision of a Coordinate Bench decision of this Court in Crl.P.No.3856/2023 between SRI. D.K.SHIVAKUMAR vs. STATE OF KARNATAKA & ANOTHER, disposed off on 16.06.2023.

¶19

2. The Coordinate Bench in its short order has observed as under:

¶20

“The petitioner who is accused No.1 in C.C.No.194 of 2022 is before this Court calling in question entire proceedings. The subject issue also arises out of the facts obtaining in Criminal Petition No.5726 of 2022 as the offences alleged are the very same that are obtaining in Criminal petition No.5726 of 2022 except varying of crime numbers and charge sheet numbers. Since offences alleged in this petition are the same and based upon the very same set of facts as obtaining in Criminal

¶21

3 - NC: 2024:KHC:25538 CRL.P No. 6142 of 2024

¶22

Petition No.5726 of 2022, I deem it appropriate to allow the subject petition for the very reasons rendered in Criminal Petition No.5726 of 2022.

¶23

2. Therefore, I pass the following:-

¶24

ORDER

¶25

(i) Criminal Petition is allowed.

¶26

(ii) Proceedings in Criminal Case No.194 of 2022pending before the Principal Civil Judge (Junior Division) & JMFC, Kanakapura, arising out of Crime No.1 of 2022 of Kanakapura Town Police Station stand quashed.

¶27

3. A Division Bench of this Court in W.A.Nos. 932933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the judicial process is normative and where is a relief granted to a citizen/litigant, similar relief needs to be extended to other similarly circumstanced litigants, unless there are derogatory factors, operational principle being parity & equality. No derogatory circumstances are pointed out from the record.

¶28

4 - NC: 2024:KHC:25538 CRL.P No. 6142 of 2024

¶29

In the above circumstances, this Petition succeeds;

¶30

the impugned proceedings in C.C.No.194/2022 (arising out of Crime No.1/2022 registered by the Kanakapura Rural Police), then pending on the file of learned JMFC Kanakapura and now pending on the file of Principal Civil Judge & JMFC, Kanakapura stand quashed qua the Petitioner.

¶31

Sd/JUDGE

¶32

Snb/ List No.: 1 Sl No.: 10

Sri Yathindra Siddaramaiah v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Yathindra Siddaramaiah 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri v Somanna Vs Sri Ramakrishna

Anil Kumar Shetty K Vs State of Karnataka

Smt Punitha K C Vs State of Karnataka

Jayananda Gowda Vs State of Karnataka

Rajesh M K Vs State of Karnataka

T B Jayachandra Vs State of Karnataka