Karnataka High Court
Krishnanaik vs The State Of Karnataka on 9 March, 2022
Bench: M.Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.9981 OF 2021
BETWEEN:
KRISHNANAIK
S/O LATE NARAYANNA NAIK
AGED ABOUT 55 YEARS
LAMBANI NAYAK
PALAVALLI THANDA
PAVAGADA TALUK
TUMAKURU DISTRICT - 561 202.
... PETITIONER
(BY SRI ERAPPA REDDY M., ADVOCATE (VIDEO CONFERENCING))
AND:
1. THE STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER
PAVAGADA POLICE STATION
PAVAGADA TOWN
TUMAKURU DISTRICT - 561 202.
2. SRI NAGARAJ
ASSISTANT SUB INSPECTOR
PAVAGADA POLICE STATION
PAVAGADA
TUMAKURU DISTRICT - 561 202.
... RESPONDENTS
(BY SRI SHANKAR H.S., HCGP.)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO ALLOW THE CRL.P BY QUASHING THE
CHARGE SHEET IN C.C.NO.425/2018 AGAINST THE PETITIONER
FOR THE OFFENCE P/U/S 143, 145, 147, 149, 427, 353 OF IPC
AND SUBSEQUENT PROCEEDINGS PURSUANT TO CHARGE SHEET
PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC,
PAVAGADA, TUMAKURU DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ORDER THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question the
proceedings in C.C.No.425/2018 against the petitioner for the
offences under Sections 143, 145, 147, 149, 427, 353 of IPC,
pending on the file of the Principal Civil Judge and JMFC,
Pavagada, Tumkuru District.
2. Learned counsel for both the parties in unison submit
that the issue in the petition stands covered by the judgment of
the Court rendered in Crl.P.No.9537/2018 disposed on
23.09.2021, which concerns accused Nos.2 to 6. The petitioner
in this subject petition is accused No.1.
3. This Court in Crl.P.No.9537/2018 disposed on
23.09.2021, has held as follows:
"3. The facts projected by the prosecution
against the petitioners are that one leader of the
Barathiya Janatha Party Mr. Krishna Naik along
with his supports being aggrieved by the denial
of ticket to contest a seat of the Legislative
Assembly were staging a protest in S.S.K Circle
and at that point of time it is alleged that the
petitioners along with others had blocked Police
Officers from discharging their official duties and
had indulged in shouting slogans and some of
the supporters were throwing chairs on the
street and obstructing free movement of traffic
and when the Circle Inspector tried to prevent
the same it is alleged that the mob pushed and
prevented him from discharging official duties. A
complaint was registered on 17.04.2018 in
Crime No.153 of 2018 alleging offences
punishable under Sections 143, 145, 149, and
353 of the IPC. The candidate who was denied
ticket Mr. Krishna Naik and the 2nd petitioner are
arrayed as accused 1 and 2 respectively. Police
after investigation have filed a charge sheet for
the aforesaid offences adding the offence
punishable under Section 427 of the IPC. The
learned counsel for the petitioners Smt. Pooja K.
would vehemently argue and contend that
neither the complaint nor the charge sheet filed
against the petitioners would indicate any
particular overt act on the part of the petitioners.
Even the statements recorded under Section 168
of the Cr.P.C. also do not implicate the
petitioners but all are indicative against accused
No.1. The 1st petitioner did not participate in the
rally but did contend that they were part of an
unlawful assembly. Vindicate of her The
statement of eye witness is submission is
contended with emphasis. On the other hand,
the learned High Court Government Pleader
though seeks to submit that it is a matter of trial
would admit the contention that there is no
particular overt act of offences allegedly
committed by the petitioners.
4. I have given my anxious consideration to
the submissions made by the learned appearing
for the parties.
5. On the afore narrated events of accused
No.1 not getting a ticket to contest from BJP he
and his followers staged a protest and the
protest led to certain affray. The complaint
registered by the Police on the ground that the
petitioners have indulged in blocking the road
and preventing discharge of official duties by the
Police reads as follows:
¢£ÁAPÀ: 17/04/2018
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This resulted in registration of an FIR for
offences punishable under Sections 143, 145,
149, 427 and 353. Sections 143 to 149 all deal
with offences against public tranquility; Section
143 deals with punishment for unlawful
assembly; Section 145 deals with joining or
continuing in unlawful assembly, knowing it has
been commanded to disperse; Section 147 deals
with punishment for rioting; Section 149 deals
with any member of the unlawful assembly
guilty of the offence committed in prosecution of
a common object. If the provisions under which
the petitioners are sought to be prosecuted are
considered on the complaint that is registered
against the petitioners or even the charge sheet
in Column No.17 is concerned, it would not
indicate any particular overt act on the part of
the petitioners in furtherance of common
intention as is found in the afore quoted
provisions. The statements recorded by the
Police also would not point at the offences that
are alleged against the petitioners. The
allegations against the petitioners even in the
charge sheet are that they took out plastic chairs
and sat on the street blocking the traffic. There
is no allegation against the petitioners in the
charge sheet about overt act committed that
would incur punishment under the aforesaid
provisions of law. The other offence alleged is
Section 427 which deals with mischief causing
damage to a property. It is not the allegation
against the petitioners in the complaint or in the
statements recorded that they have indulged in
any mischief causing loss or damage to the
property. Section 353 also finds a place in the
charge sheet. Section 353 deals with assault or
criminal force to deter a public servant from
discharging his duties. There is no allegation of
assault against the petitioners even in the
charge sheet or use of criminal force to deter any
public servant from functioning. Therefore, the
allegations against the petitioners do not make
out any offence either in the complaint or in the
charge sheet or even in the statements recorded
by the Police which preceded filing of the charge
sheet. Therefore, in the circumstance of a mob
fury in which no particularization of any overt
act or incidents which are criminal in nature are
made out
against the petitioners. It would be inappropriate
to permit any further trial to be conducted
against the petitioners before the criminal court
as it would result in miscarriage of justice.
6. In the result, the criminal petition is
allowed and the proceedings in C.C.No.425 of
2018 stand quashed insofar as they concern the
petitioners."
In the light of the quashment of the proceedings against
the petitioners therein as afore-extracted, the same would be
applicable to the petitioner herein - accused No.1, as well.
4. For the aforesaid reasons, the following:
ORDER
(i) The criminal petition is allowed.
(ii) The proceedings in C.C.No.425/2018 against the
petitioner for the offences under Sections 143, 145,
147, 149, 427, 353 of IPC, pending on the file of the
Principal Civil Judge and JMFC, Pavagada, Tumkuru
District, stands quashed.
In view of the disposal of the main petition, I.A.No.1/2021
does not survive for consideration and the same is disposed.
Sd/-
JUDGE
nvj
CT:MJ
