Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of the offence/offences alleged. Interference by the High Court under Section 482 CrPC is to prevent the abuse of process of any court or otherwise to secure the ends of justice

ORDER :

(i) Writ Petition No.51012/2019 is filed by Accused No.1 -Basavaraj Shivappa Muttagi;

(ii) Writ Petition No.52575/2019 is filed by Accused No. 5 -Vinayak;

(iii) Writ Petition No.15828/21 is filed by Accused No.15 -Vinay Kulkarni;

(iv) Writ Petition No.16088/21 is filed by Accused No.16 -Chandrashekar Indi; and

(v) Writ Petition No.16081/21 is filed by Accused No.21 -Somashekar.

I -Facts of the case

2. This is a classic case where the political parties and the Police authorities have tried to misuse their power to bury the truth in respect of an unnatural death of one Yogishgouda goudar.

3. These writ petitions are filed by the accused persons stated supra under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, praying for a writ in the nature of certiorari to quash the Government Order dated 6.9.2019 made in HD 48 PCB 2016 as per Annexure-A, according sanction to the Central Bureau of Investigation (‘CBI’ for short), under Section -6 of Delhi Special Police Establishment Act, 1946, to conduct further investigation with respect to Crime No.135/2016, registered with the Dharwad Sub-Urban Police Station, Dharwad for the offence punishable under Section 302 of IPC and writ in the nature of certiorari to quash the FIR dated 24.6.2019 bearing No.RC 17(S)/2019/CBI/ACB/BLR as per Annexure -B.

4. The genesis of the present case lies in FIR bearing No.135/2016, which came to be registered with the Dharwad Sub-Urban Police Station in pursuance to an information dated 15.6.2016, preferred by one Smt. Mallavva w/o Yogishgouda Goudar, wherein it was alleged that her husband i.e., deceased was actually involved in politics and due to his political activities, the deceased Yogishgouda Goudar had prior to 2 days from the date of incident, received an anonymous letter threatening him that, he would be murdered just like his elder brother -late Sri Udaygowd Gowdar. It is further alleged that the deceased Yogishgouda Goudar had around 25 criminal cases pending in five Police Stations, which includes six murder cases. Further, he is also listed as ‘Rowdy’ in Dharwad Rural and other Police Stations and there were 12 criminal cases in Dharwad Rural Police Station, 6 criminal cases in Navalgund Police Station, one criminal case in Garaga Police Station, 2 criminal cases in Dharwad New Town Police Station and four criminal cases in Dharwad City Police Station for various offences registered against him.

5. It was further alleged that the deceased Yogishgouda Goudar had ignored threatening letter and had been going on with his day to day affairs, which included attending Gym at 7.30 am in the morning. It was further alleged that on 15.6.2016, when the deceased Yogishgouda Goudar, had proceeded to Gym, and when he was about to enter the Gym, some unknown persons had assaulted him with weapons and caused his death. On such allegation, the Dharwad Sub-Urban Police had registered the information dated 15.6.2016, as FIR No.135/2016 against unknown persons for the offence punishable under Section 302 of IPC. After investigation, the Police filed the charge sheet against six accused persons for the offences punishable under Sections 143, 147, 148, 120B, 302, 201 r/w Section 149 of IPC and advanced the prosecution theory that, the petitioners/accused persons and the deceased Yogishgouda Goudar, were known to each other and were politically connected from rival parties. It was further alleged by the police that, the Accused No.1 (petitioner in W.P. No.51012/2019) had entered into an agreement to purchase the lands to an extent of 25 acres 08 guntas in Belligatti village. It was further alleged that, at that time, the deceased had interfered and threatened the Accused No.1 that, in the event of him purchasing the said lands, he would kill the Accused No.1. It was further alleged that on such premise, the Accused No.1 had entered into a conspiracy with Accused Nos.2 to 6 and on 15.6.2016, with a premeditated intent