Karnataka High Court
Mr Sathish vs State Of Karnataka on 22 March, 2021
Author: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.7553/2020
BETWEEN:
MR.SATHISH
AGED ABOUT 28 YEARS
S/O SHEKAR POOJARY
HOUSE No.746 VIRAT NAGAR
NEAR ANNAPURNESWHARI TEMPLE
BOMMANAHALLI
BANGALORE-560 068.
... PETITIONER
(BY SRI.NITIN.A.M,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CCB, W/N SQUAD N.M.PET,
REP BY STATE PUBLIC PROSECUTOR,
BENGALURU-560001.
2. POLICE INSPECTOR
KORAMANAGALA POLICE STATION
KORAMAGALA
BENGALURU-560 034.
BY.SPO.
... RESPONDENTS
(BY SMT.NAMITHA MAHESH.B.G.,HCGP FOR R1 & R2)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS BEFORE LXXI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU IN
S.C.NO.19/2017.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 482 of Cr.P.C. praying
this Court to quash the proceedings initiated against the
petitioner in S.C.No.19/2017 on the file of the LXXI Additional
City Civil and Sessions Judge, Bengaluru for the offences
punishable under Sections 188, 294, 370(3), 370(A) and 109 of
IPC and Section 35 of Karnataka Excise Act and to grant such
other reliefs as deem fit in the facts and circumstances of the
case.
2. The factual matrix of the case is that respondent-
police have registered the case against this petitioner and also
other accused persons. This petitioner being an employee, was
working as a server in the Bar and Restaurant and hence, the
offences under Sections 188, 294, 370(3), 370(A) and 109 of
IPC and Section 35 of Karnataka Excise Act is invoked.
3. Learned counsel for the petitioner would vehemently
contend that this petition is the male employee working as a
supplier in the Bar and Restaurant and hence, the ingredients of
the offence under Section 370A of IPC does not attract against
him and so also the other offences. Learned counsel in support
of his arguments would rely upon the judgment of this Court in
Crl.P.No.8586/2019 and brought to the notice of this Court para
Nos.8 and 9 of the said order, wherein this Court in the similar
circumstances invoked Section 482 of Cr.P.C.
4. Learned counsel also relying upon the unreported
judgment of this Court in Crl.P.No.2214/2019, would submit that
as observed in Crime No.966/2017, the facts are aptly applicable
to the case on hand.
5. Per contra, learned HCGP for State would submit
that Sections 370A and 109 of IPC attract against the petitioner
herein and hence, the powers under Section 482 of Cr.P.C. shall
not be exercised.
6. Having heard the learned counsel for the petitioner
and learned HCGP for State and so also on perusal of the
materials placed on record by this petitioner, he has been
arraigned as accused No.6. It is also found in the charge sheet
material that he is working as a supplier in the Bar and
Restaurant and he has not indulged in any such activity. He is
only an employee of the Bar and Restaurant. When such being
the facts and circumstances of the case and when this Court in
the similar circumstances quashed the proceedings in
Crl.P.No.8586/2019, the said facts also applicable to the case on
hand. In view of the decision of this Court, wherein considered
the similar issue involved between the parties, it is appropriate
to invoke Section 482 of Cr.P.C.
7. In view of the discussion made above, I pass the
following:-
ORDER
(i) The petition is hereby allowed.
(ii) The proceedings initiated against the petitioner
herein in S.C.No.19/2017 on the file of the LXXI Additional
City Civil and Sessions Judge, Bengaluru for the offences
punishable under Sections 188, 294, 370(3), 370(A) and
109 of IPC and Section 35 of Karnataka Excise Act, are
hereby quashed.
In view of the disposal of the main petition, I.A.1/2020 for
stay does not survive for consideration and the same stands
disposed of.
Sd/-
JUDGE
PYR
