Harendra vs State of Karnataka

Type Court Judgment Court Karnataka Decided Aug 01, 2025

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Citation: sooperkanoon.com/1737022
Court: Karnataka High Court
Judge: S.R.Krishna Kumar
Decided On: Aug 01, 2025
Case Number: CRL.P/9382/2025

Parties & Advocates

Appellant / Petitioner

Harendra

Respondent

State of Karnataka

Excerpt

.....registered by anugondanahalli police station pending on the file of addl. civil judge (sr.dn) & cjm, hosakote, bengaluru rural by allowing this petition and grant such other relief or reliefs as this hon’ble court deems fit, under the facts and circumstances of the case, in the interest of justice and equity.”2. heard learned counsel for the petitioners and learned hcgp for respondent no.1 and learned counsel for respondent no.2 and perused the material on record.3. a perusal of the material on record will indicate thatalong with the charge sheet, respondent no.1 - police authorities have cited as many as nine witnesses among whom cw2, cw3 and cw4 are said to be alleged eye witnesses. in the present -4- case, the complainant has not examined himself and his oral evidence has not been recorded by the trial court. however, the evidence of the alleged eye witnesses contains several discrepancies, inconsistencies, contradictions and admissions and they have turned hostile and have not supported the case of the prosecution, in particular, against petitioner nos.2 to 6 - accused nos.2 to 6. learned counsel for respondent no.2 on instructions submits that he has no objection for the impugned proceedings qua accused nos.2 to 6 to be quashed. the submission is placed on record.4. under these circumstances, in the light of the materialon record available before the learned magistrate qua the petitioner nos.2 to 6 - accused nos.2 to 6, continuation of the impugned proceedings in relation to petitioner nos.2 to 6 - accused nos.2 to 6 would be an excise in futility warranting interference in the present petition especially in the light of the submission made on behalf of the respondent no.2 supra. further, it is seen that the petitioners had approached this court earlier in crl.p.no.2199/2025, which was disposed of on 25.02.2025 pursuant to which evidence was recorded and as such, disposal of -5- the said petition would not come in the way of this court.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.9382 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1. HARENDRA S/O LATE M M RAMASWAMY, AGED ABOUT 66 YEARS R/AT M M RAMASWAMY, MEDICAL STORE BUILDING, 4TH ‘A’ CROSS, COLLEGE ROAD, M.V. EXTENSION, HOSAKOTE,
2. MANOHAR S/O LATE M M RAMASWAMY, AGED ABOUT 69 YEARS R/AT NAGANAYAKANA KOTE, SAMETHANAHALLI
3. BAGATH R.M. S/O MANOHAR, Digitally signed AGED ABOUT 38 YEARS by CHANDANA
BM                        R/AT M M RAMASWAMY
Location: High            MEDICAL STORE BUILDING,
Court of                  4TH ‘A’ CROSS, COLLEGE ROAD,
Karnataka                 M.V.EXTENSION, HOSAKOTE,
4. PRADEEP KUMAR R H S/O HARENDRA, AGED ABOUT 31 YEARS R/AT M M RAMASWAMY MEDICAL STORE BUILDING, 4TH ‘A’ CROSS, COLLEGE ROAD, M.V. EXTENSION, HOSAKOTE, -2-
5. KRANTHI KUMAR R.A S/O ANAND.R AGED ABOUT 39 YEARS R/AT RAMASWAMYPALYA VILLAGE, SAMETHANAHALLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT.
6. BOSE R.A. S/O ANAND.R AGED ABOUT 38 YEARS R/AT RAMASWAMYPALYA VILLAGE, SAMETHANAHALLI VILLAGE, SAMETHANAHALLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. B.M. ARUN FOR SRI. NATARAJ BABA K., ADVOCATES) AND:
1. STATE OF KARNATAKA BY ANUGONDANAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, HIGH COURT OF KARNATAKA, BENGALURU - 560 002.
2. M VENKATESH, S/O LATE BASHETTY MUNIYAPPA, AGED ABOUT 68 YEARS, PRESENTLY R/AT BYALAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK. …RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; SRI. SHREERAM THIMMAPPA NAYAK FOR SRI. S. SUNIL KUMAR, ADVOCATES FOR R-2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED IN CRIME NO.8/2013 REGISTERED BY ANUGONDANAHALLI POLICE STATION WHICH IS REGISTERED IN C.C.NO.594/2013 PENDING BEFORE PRINCIPAL CIVIL JUDGE AND JMFC COURT HOSAKOTE, FOR THE OFFENCE P/U/S 143, 147, 341, 323, 324, 504, 506 R/W SEC.149 OF IPC AND CONSEQUENTLY QUASH THE FIR IN CRIME NO.8/2013 REGISTERED BY ANUGONDANAHALLI POLICE STATION BY ALLOWING THIS PETITION.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER

WAS MADE THEREIN AS UNDER: -3- CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioners seek the following relief:

“To quash the charge sheet filed in Crime No.0008/2013 registered by Anugondanahalli Police Station which is registered in CC No.594/2013 pending before Principal Civil Judge & JMFC Court, Hosakote for the offences punishable under Sections 143, 147, 341, 323, 324, 504, 506 r/w 149 of IPC and consequently quash the FIR in Crime No.008/2013 registered by Anugondanahalli Police Station pending on the file of Addl. Civil Judge (Sr.Dn) & CJM, Hosakote, Bengaluru Rural by allowing this petition and grant such other relief or reliefs as this Hon’ble Court deems fit, under the facts and circumstances of the case, in the interest of justice and equity.”

2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

3. A perusal of the material on record will indicate that

along with the Charge sheet, respondent No.1 - police authorities have cited as many as nine witnesses among whom CW2, CW3 and CW4 are said to be alleged eye witnesses. In the present -4- case, the complainant has not examined himself and his oral evidence has not been recorded by the Trial Court. However, the evidence of the alleged eye witnesses contains several discrepancies, inconsistencies, contradictions and admissions and they have turned hostile and have not supported the case of the prosecution, in particular, against petitioner Nos.2 to 6 - accused Nos.2 to 6. Learned counsel for respondent No.2 on instructions submits that he has no objection for the impugned proceedings qua accused Nos.2 to 6 to be quashed. The submission is placed on record.

4. Under these circumstances, in the light of the material

on record available before the learned Magistrate qua the petitioner Nos.2 to 6 - accused Nos.2 to 6, continuation of the impugned proceedings in relation to petitioner Nos.2 to 6 - accused Nos.2 to 6 would be an excise in futility warranting interference in the present petition especially in the light of the submission made on behalf of the respondent No.2 supra. Further, it is seen that the petitioners had approached this Court earlier in Crl.P.No.2199/2025, which was disposed of on 25.02.2025 pursuant to which evidence was recorded and as such, disposal of -5- the said petition would not come in the way of this Court considering the present petition after conclusion of the evidence.

5. In the result, I pass the following:

ORDER

(i) The petition is hereby allowed.

(ii) The proceedings in C.C.No.594/2013 arising out

of Crime No.8/2013 pending on the file of the Prl. Civil Judge & JMFC, Hosakote, for the offences punishable under Sections 143, 147, 341, 323, 324, 504, 506 r/w 149 of IPC insofar as petitioner Nos.2 to 6 - accused Nos.2 to 6 are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 0

Same Court & Year Karnataka · 2025 Same Parties Harendra vs State of Karnataka Same Judge S.R.Krishna Kumar