Dismissed

Sri Arun Kumar N K v. the State of Karnataka

Karnataka HC23 Sept 2024CRL.P/9303/2021

Case brief

AI extract

What is this about?

Accused in a case of unlawful assembly, assault and criminal intimidation over a water-tap dispute between neighbouring villagers sought quashing of proceedings under Section 482 CrPC. The court found specific allegations against each accused, injured eyewitnesses and prima facie materials from the charge sheet, and dismissed the petition.

What the court decided

AI extract

Sri Arun Kumar N K Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:39260 CRL.P No. 9303 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO. 9303 OF 2021

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BETWEEN:

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SRI. ARUN KUMAR N.K. S/O. KRISHANAPPA N.M., AGED ABOUT 29 YEARS,

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SRI. KRISHNAPPA N.M., S/O. LATE. MUNIYAPPA, AGED ABOUT 54 YEARS,

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SRI. GOPALAPPA, S/O. LATE. MUNIYAPPA, AGED ABOUT 60 YEARS,

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SRI. MUNENDRA, S/O. GOPALAPPA, AGED ABOUT 25 YEARS,

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Digitally signed by SWAPNA V Location: high court of karnataka

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SMT. MUNIYAMMA, W/O. GOPALAPPA, AGED ABOUT 50 YEARS,

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SMT. GOWRAMMA W/O. KRISHNAPPA N.M., AGED ABOUT 46 YEARS,

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SRI. NAVEEN KUMAR N.K. S/O. KRISHNAPPA N.M. AGED ABOUT 26 YEARS.

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SMT. SHILPA N.K. W/O. R.V. SHANKAR, AGED ABOUT 31 YEARS,

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ALL ARE RESIDING AT NOSAGERE VILLAGE,

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NC: 2024:KHC:39260 CRL.P No. 9303 of 2021

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HURALAGERE POST, KASABA HOBLI, MALURU TALUK KOLAR DISTRICT - 563 130

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…PETITIONERS

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(BY SRI. KUMARA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY MALURU POLICE STATION, MALURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001

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SRI. RAMAIAH, S/O SRI. VENKATAPPA, AGED ABOUT 55 YEARS, NOSAGERE VILLAGE MALUR TALUK, KOLAR DISTRICT - 563 130

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…RESPONDENTS

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(BY SMT. K.P. YASHODHA, HCGP FOR R1

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SRI. ANAND S.G., ADVOCATE FOR R2 (ABSENT))

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED IN C.C.NO.1020/2020 AND ORDERS OF COGNIZANCE TAKEN FOR THE OFFENCE P/U/S.143, 147, 323, 324, 504, 506 R/W SEC.149 OF THE IPC AGAINST THE PETITIONER ON 30.09.2020 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC AT MALURU.

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THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE M G UMA

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3 - NC: 2024:KHC:39260 CRL.P No. 9303 of 2021

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ORAL ORDER

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The petitioners being accused Nos.1 to 8 in CC No.1020/2020 on the file of the learned II Additional Civil Judge and JMFC at Malur, registered for the offences punishable under Sections 143, 147, 323, 324, 504 and 506 R/w Section 149 of Indian Penal Code (for short 'IPC') are seeking to quash the criminal proceedings initiated against them in the interest of justice.

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Brief facts of the case are that, respondent No.2 as informant lodged the first information against these petitioners alleging that there are civil disputes between the two. On 09.05.2020 when the wife of respondent No.2 was fetching water from the public tap, near the house of accused No.2, his son accused No.1 came to the spot with a pot and started abusing the wife of respondent No.2 in filthy language insisting to permit him to take water. When the informant came to the spot, all the accused gathered there, forming unlawful assembly, assaulted him. Accused No.2 assaulted the informant with club. The other accused have assaulted with hands and kicked him with their legs. Accused No.1 criminally intimidated to cause the death of the informant and his wife, proclaiming

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4 - NC: 2024:KHC:39260 CRL.P No. 9303 of 2021

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that he is an advocate and nobody is dare to challenge him. The accused have also assaulted the wife of the informant. The elders in the village came and intervened in the matter and took the injured to the hospital. Even though a panchayath was convened in the village, the accused were not ready to participate in the panchayath and therefore, belatedly, the complaint came to be filed on 01.06.2020 requesting the police to investigate into the matter. The police have registered the FIR for the above said offences and after investigation, the charge sheet is filed. Accused Nos.1 to 8 in the charge sheet are before this court seeking quashing of the criminal proceedings initiated against them, which is pending before the Trial Court.

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Heard Sri. Kumara, learned counsel for the petitioners and Smt. K.P.Yashodha, learned HCGP for respondent No.1-State. Respondent No.2 is absent. His arguments is taken as nil. Perused the materials on records.

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Learned counsel for the petitioners contended that

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petitioners are arrayed as accused Nos.1 to 8. Admittedly, there were civil disputes between the parties. Deliberately, a

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5 - NC: 2024:KHC:39260 CRL.P No. 9303 of 2021

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criminal complaint was filed without any basis. Petitioner No.1 is a practicing Advocate and therefore, he is falsely implicated in the matter. There is inordinate delay in lodging the complaint, which discloses that the false allegations are made against the petitioners. Under such circumstances, he prays for allowing the petition and to quash the criminal proceedings.

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Per contra, learned High Court Government Pleader for respondent No.1-State opposing the petition submitted that the injured informant lodged the first information making specific allegations. He has explained the delay in filing the first information. The wife of the informant is also an injured. The wound certificates are produced by the investigating officer along with the charge sheet. There are eye witness to the incident. Considering all these facts and circumstances, the petition is liable to be dismissed. Accordingly, prays for dismissal of the petition.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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6 - NC: 2024:KHC:39260 CRL.P No. 9303 of 2021

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“Whether the petitioners have made

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out any grounds to quash the criminal proceedings initiated against them?”

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My answer to the above point is in ‘negative’ for the following:

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R E A S O N S

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Injured informant lodged the first information making specific allegations against each of the accused. He specifically states that accused No.2 assaulted him and his wife with club, while the other accused assaulted with hands and legs. It is stated that accused No.1 criminally intimidated the informant and his wife proclaiming that he is an advocate and no one can challenge him. When such specific allegations are made, and the investigating officer has collected prima-facie materials to support such contentions, the criminal proceedings cannot be quashed. As per charge sheet, there are eye witnesses to the incident, who are cited as CWs.4 to 7. Moreover, there are two injured eye witnesses. Under such circumstances, I am of the opinion that it is not a fit case for quashing the criminal

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NC: 2024:KHC:39260 CRL.P No. 9303 of 2021

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proceedings. Hence, I answer the above point in the negative and proceed to pass the following;

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ORDER

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The petition is dismissed .

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Sd/(M G UMA) JUDGE

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BH List No.: 2 Sl No.: 29

Sri Arun Kumar N K v. the State of Karnataka

Case brief

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What the court decided

Sri Arun Kumar N K v. the State of Karnataka

Case brief

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