Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1211 OF 2024 BETWEEN: SRI B. JASWANTH KUMAR S/O A. BHAWARLAL AGED ABOUT 59 YEARS OCC BUSINESS, NO.73 SANTHAPET, GODIYATTAM - 632 602 R/AT NO.12, ALWAR MURUGAPPA MUDALI STREET, CHUNAMPET GUDIYATTAM - 632 602 …PETITIONER (BY SRI KANTEPPA HULEPPA, ADV.) AND: Digitally signed by B 1. STATE BY COTTONPET POLICE A KRISHNA KUMAR Location: HIGH BENGALURU, REPRESENTED BY SPP COURT OF KARNATAKA HIGH COURT OF KARNATAKA
2. SRI SURAYAPRAKASH S/O MANAK CHAND AGED 45 YEARS R/AT NO.48/1, 2ND FLOOR 3RD CROSS, SHANKARMATH …RESPONDENTS (BY SRI R. RANGASWAMY, HCGP FOR R-1) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.818/2023 ON THE FILE OF THE -2-
PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY AS AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Accused no.4 is before this Court under Section 482 Cr.PC
with a prayer to quash the entire proceedings as against him in S.C.No.818/2023 pending before the Court of Prl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.121/2014 registered by Cottonpet Police Station, for the offences punishable under Sections 457, 380, 411, 413, 120B, 201 IPC.
2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1.
3. FIR in Crime No.121/2014 was registered by Cottonpet
Police Station, Bengaluru, against unknown persons on the complaint of Sri Suryaprakash dated 05.04.2014. During the course of investigation, some of the accused were arrested and after completion of investigation, charge sheet was filed against five persons. Petitioner is arrayed as accused no.4 in the charge sheet. He is now being tried for the alleged offences in S.C.No.818/2023 which is pending before the Court of Prl. City
-3- Civil & Sessions Judge, Bengaluru. Assailing the same, the petitioner is before this Court.
4. Learned Counsel for the petitioner having reiterated the
grounds urged in the petition, submits that petitioner is a heart patient and it is difficult for him to travel from Vellore, Tamil Nadu to Bengaluru, to attend the case. He submits that the petitioner has been falsely implicated on the statement of accused no.3.
5. Learned HCGP, on the other hand, has opposed the
petition. He submits that the petitioner knowing well had purchased the stolen gold jewellery. There is recovery from the petitioner, and therefore, the prayer made in the petition cannot be granted.
6. A perusal of the charge sheet material would go to show
that accused nos.1 & 2 along with the juvenile accused had committed theft of gold jewellery which totally weighed about 1 Kg. 344 Grams from the jewellery shop belonging to the complainant. The stolen gold jewellery were initially sold by accused nos.1 & 2 and the juvenile accused to accused no.3 through accused no.5 and from accused no.3, the accused no.4
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had received certain gold jewellery inspite of he being aware that the said gold jewellery were stolen articles. The stolen gold jewellery have been seized from the possession of accused nos.3 & 4. Therefore, it cannot be said that the charge-sheeted offences do not get attracted against the petitioner who is accused no.4 in the charge sheet.
7. Merely for the reason that petitioner is facing problem for
traveling from Vellore in Tamil Nadu to Bengaluru, the criminal case wherein serious charges are made against him, cannot be quashed. If necessary he can always seek exemption for his appearance before the Trial Court. Under the circumstances, I am of the opinion that the petitioner has not made out any case for quashing the impugned proceedings. Accordingly, petition is dismissed.
Sd/- JUDGE KK