Sri. Krupakara C. @ Krupakar C. Vs State of Karnataka

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONER HEREIN VIDE ANNEXURE-C ORDER SHEET IN C.C.NO.2269/2023 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, KOLLEGALA ARISING OUT OF CRIME NO.38 OF 2023 OF RAMAPURA P.S., CHAMARAJANAGAR FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 307, 354B, 324, 326, 341, 504, 506 OF IPC, 1860 VIDE F.I.R. AT ANNEXURE-A AND COMPLAINT AT ANNEXURE-B AND THE CHARGE SHEET AT ANNEXURE-D WHEREIN THE PETITIONER HEREIN IS ARRAIGNED AS SOLE ACCUSED.

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IN CRL.P NO. 11634/2024

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BETWEEN:

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SAGAYALATHA W/O SRI A. JAMES, AGE: ABOUT 48 YEARS, RESIDING AT NO.221, VADDARA DODDI VILLAGE, MARATHALLI POST, RAMAPURA HOBLI, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT, PIN-571 444.

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A. JAMES S/O SRI. ARPUDASWAMY, AGE: ABOUT 59 YEARS, RESIDING AT NO.221, VADDARA DODDI VILLAGE, MARATHALLI POST, RAMAPURA HOBLI,

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HC-KAR

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KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT, PIN-571 444.

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LALITHA MARIYA D/O A. JAMES, AGE: ABOUT 25 YEARS, RESIDING AT NO.221, VADDARA DODDI VILLAGE, MARATHALLI POST, RAMAPURA HOBLI, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT, PIN-571 444.

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PRIYA KOLANDAI TERESA W/O PERIYANAYAGAM, AGE: ABOUT 30 YEARS, RESIDING AT NO. NANDANAPALYA VILLAGE, HANUR TALUK, CHAMARAJANAGAR DISTRICT, PIN-571 444.

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PERIYANAIGAM S. S/O LATE SHRI SELWANAYAGAM, AGE: ABOUT 38 YEARS, RESIDING AT NO. NANDANAPALYA VILLAGE, HANUR TALUK, CHAMARAJANAGAR DISTRICT, PIN-571 444.

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...PETITIONERS

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(BY SRI. RAJESH P., ADVOCATE (P/H))

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AND:

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THE STATE GOVERNMENT OF KARNATAKA REPRESENTED BY LEARNED

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STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING ANNEXURE, HON’BLE HIGH COURT OF KARNATAKA, BENGALURU-560 001.

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KRUPAKARA C. S/O CHANDRASHEKAR, AGED ABOUT 22 YEARS, RESIDING AT VADDARADODDI VILLAGE, MARTALLI POST, HANUR TQ, CHAMARAJANAGAR DISTRICT, KARNATAKATA.

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...RESPONDENTS

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(BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 (P/H); SRI. VIVEKANANDA N., ADVOCATE FOR R2 (P/H))

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THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (A) TO CALL FOR THE ENTIRE RECORDS IN FIR NO.48/2024, DATED: 29-03-2024 VIDE "ANNEXURE "A" FILED BY THE RESPONDENT POLICE ON THE FILE OF COURT OF ADDITIONAL CIVIL JUDGE [JUNIOR DIVISION] AND J.M.F.C. AT KOLLEGAL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 448, 380, 506, 34 OF INDIAN PENAL CODE 1860 IN SO FAR AS IT RELATES TO PETITIONERS CONCERNED WHO HAVE BEEN ARRAYED AS ACCUSED NOS.01, 02, 05, 06 AND 08; (B) QUASH THE F.I.R. IN CRIME NO.48/2024, DATED 29.03.2024 VIDE ANNEXURE-A ON THE FILE OF COURT OF ADDITIONAL CIVIL JUDGE [JUNIOR DIVISION] AND JMFC AT KOLLEGAL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 448, 380, 506, 34 OF INDIAN PENAL CODE, 1860 IN SO FAR AS IT RELATES TO PETITIONERS CONCERNED WHO HAVE BEEN ARRAYED AS ACCUSED NOS.01, 02, 05, 06 AND 08.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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In Crl.P No.3002/2025, the petitioner is challenging the proceedings in C.C.No.2269/2023 pending before Principal Civil Judge and JMFC, Kollegala, arising out of Crime No.38/2023 of Ramapura Police Station, Chamarajanagar.

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In Crl.P No.11634/2024, petitioners are challenging the registration of FIR in Crime No.48/2024 of Ramapura Police Station.

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The complaint averments in Crime No.38/2023 of Ramapura Police Station, reveal that there is some dispute with regard to one JPL industry in respect of supplying purified water, between the parties and in this connection a suit in O.S.No.299/2022 was pending before the learned Principal Civil Judge and JMFC, Kollegala. In this background, it is alleged that on 30.03.2023 at 10.00 – 11.00 a.m., when the complainant was near the said JPL

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industries, the accused came in a goods vehicle bringing some articles and when the complainant prevented him from unloading the said articles, the accused allegedly assaulted on his head with a sewing machine and also on his back and threatened him with dire consequences etc.

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The FIR was registered against 3 named accused. However, while filing chargesheet, accused Nos.2 and 3 named in the FIR were dropped. Chargesheet was filed against the petitioner alone, for the offence punishable under Section 307, 354(B), 324, 326, 341, 504 & 506 of IPC.

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From the complaint averments and the chargesheet materials, this Court finds that there is a prima facie case against the petitioner. As per prosecution, the complainant has sustained injuries. The prosecution relying on the wound certificate and the medical evidence in support of its case. The statement of the witnesses are also recorded. In that view of the

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HC-KAR

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matter, the proceedings before the trial Court cannot be quashed.

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The averments in Crime No.48/2024 reveal that

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the incident took place on 30.03.2023 at about 8.00 – 9.00 p.m. It is relevant to mention that the complainant in the said case is none other than the accused in Crime No.38/2023. Allegations are that on 23.04.2023, when the complainant had been to Universal Enterprises Garments, he noticed that it was locked, however, he realized thereafter that the accused had committed theft of TV, DVR, motor, UPS battery worth at Rs.50,000/-. Thereafter, when he enquired with the accused persons, they are alleged to have threatened him with dire consequences etc.

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It is the contention of the learned counsel for petitioner that the compliant is lodged after an inordinate delay wherein, the incident has taken place on 30.03.2023, but the complaint was lodged on 29.03.2024. He further contended that omnibus allegations are made in

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the complaint that the accused have threatened the complainant with dire consequences etc. It is his further contention that on account of admitted rivalry between the parties, the complaint was lodged making false allegations.

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It is no doubt true, that the complaint is lodged on 29.03.2024 in respect of an incident alleged to have taken place on 30.03.2023. However, in the complaint it is stated that from 30.03.2023 till 23.04.2023 the complainant was in prison in respect of the case registered in Crime No.38/2023.

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This Court at this stage, cannot embark upon a meticulous appreciation of evidence or adjudicate the correctness of allegations. It cannot be said that the complaint is frivolous or manifestly attended with malafides so as to warrant interference under Section 482 Cr.P.C. (528 BNSS, 2023). The concerned Police have to conduct investigation and file an appropriate report.

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