2022 Supreme(Online)(Kar) 51145
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WP No. 107699 of 2015
C/W WP No. 107698 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
WRIT PETITION NO. 107699 OF 2015 (GM-RES)
C/W
WRIT PETITION NO. 107698 OF 2015
IN W.P.NO.107699/2015
BETWEEN:
SUNKAPPA S/O SOMAPPA,
AGE: 37 YEARS,
OCC: MANAGER, BUNT SOLAR INDIA
PRIVATE LTD.,
R/O.INFRONT TARANATH HOSPITAL
BALLARI, DIST BALLARI.
…PETITIONER
(BY SRI. RAJSHEKHAR GUNJALLI, ADVOCATE)
AND:
1.
P.M.NAGENDRA,
AGED 40 YEARS,
S/O. LATE B.S.MANJUNATH,
SENIOR MANAGER, KOTAK URJA PVT. LTD.,
PLOT NO. 378,
10TH CROSS, 4TH PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU.
ANNAPURNA
CHINNAPPA
DANDAGAL
Digitally signed by
ANNAPURNA
CHINNAPPA DANDAGAL
Location: High court of
Karnataka, Dharwad
Bench, Dharwad
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WP No. 107699 of 2015
C/W WP No. 107698 of 2015
2.
THE STATE
THROUGH THE SUB INSPECTOR OF POLICE,
BALLARI RURAL POLICE STATION,
BALLARI, KARNATAKA STATE.
…RESPONDENTS
(BY SRI. RAJENDRA R.PATIL AND
SRI SRINAND A.PACHHAPURE, ADVOCATES FOR R1;
SRI RAMESH CHIGARI, HCGP FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 CR.P.C., PRAYING TO (A) QUASH THE F.I.R. AND
THE COMPLAINT IN CRIME NO.260/2015 OF BALLARI RURAL
POLICE STATION AND PENDING ON THE FILE OF III ADDL.
CIVIL JUDGE AND JMFC, BALLARI FOR THE OFFENCES UNDER
SECTIONS 201, 420, 465, 468, 471, 472 OF IPC VIDE
ANNEXURE-C AND ALL FURTHER PROCEEDINGS IN THE SAID
CASE; (B) DIRECT RESPONDENT NO.2 TO PAY COMPENSATION
AT Rs.5,00,000/- TO THE PETITIONER FOR HIS WRONGFUL
ARREST AND DETENTION AND CONSEQUENT SUFFERINGS
UNDERGONE BY THE PETITIONER.
IN W.P.NO.107698/2015
BETWEEN:
BUNT SOLAR INDIA PVT.LTD.,
REP.BY ITS MANAGING DIRECTOR
SRI CHANDRASHEKAR SHETTY,
S/O VITTAL SHETTY,
RESIDING NEAR PAPAREDDY PALYA
NAGARABAVI, 2ND CROSS,
BENGALURU-72.
…PETITIONER
(BY SRI. RAJSHEKHAR GUNJALLI, ADVOCATE)
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WP No. 107699 of 2015
C/W WP No. 107698 of 2015
AND:
1.
SRI P.M.NAGENDRA,
AGED 40 YEARS,
S/O. LATE B.S.MANJUNATH,
SENIOR MANAGER, KOTAK URJA PVT. LTD.,
PLOT NO. 378, 10TH CROSS, 4TH PHASE,
PEENYA INDUSTRIAL AREA,
BENGALURU.
2.
THE STATE
THROUGH THE SUB INSPECTOR OF POLICE,
BALLARI RURAL POLICE STATION,
BALLARI, KARNATAKA STATE.
…RESPONDENTS
(BY SRI. RAJENDRA R.PATIL AND
SRI SRINAND A.PACHHAPURE, ADVOCATES FOR R1;
SRI RAMESH CHIGARI, HCGP FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 CR.P.C., PRAYING TO (A) QUASH THE F.I.R. AND
THE COMPLAINT IN CRIME NO.260/2015 OF BALLARI RURAL
POLICE STATION AND PENDING ON THE FILE OF III ADDL.
CIVIL JUDGE (JR.DN.) AND JMFC, BALLARI VIDE ANNEXURE-A
FOR THE OFFENCES UNDER SECTIONS 201, 420, 465, 468,
471, 472 OF IPC AND ALL FURTHER PROCEEDINGS IN THE
SAID CASE.
THESE PETITIONS COMING ON FOR FURTHER HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 107699 of 2015
C/W WP No. 107698 of 2015
Heard Sri Rajshekhar Gunjalli, learned counsel for the
petitioner and Sri Rajendra Patil, learned counsel for
respondent No.1 and learned High Court Government Pleader
for respondent No.2-State.
These two writ petitions are filed under Articles
226 and 227 of the Constitution of India read with Section
482 Cr.P.C., with the following prayers:
"Prayer in W.P.No.107699/2015: (A) Quash the
F.I.R. and the complaint in Crime No.260/2015 of
Ballari Rural Police Station and pending on the file of
III Addl. Civil Judge and JMFC, Ballari for the offences
under Sections 201, 420, 465, 468, 471, 472 of IPC
VIDE Annexure-C and all further proceedings in the
said case; (B) Direct respondent No.2 to pay
compensation at Rs.5,00,000/- to the petitioner for his
wrongful
arrest
and
detention
and
consequent
sufferings undergone by the petitioner.
Prayer in W.P.No.107698/2015: Quash the
F.I.R. and the complaint in Crime No.260/2015 of
Ballari Rural Police Station and pending on the file of
III Addl. Civil Judge (Jr.Dn.) and JMFC, Ballari vide
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Annexure-A for the offences under Sections 201, 420,
465, 468, 471, 472 of IPC and all further proceedings
in the said case."
3.
Brief facts of the case are as under :-
Upon the complaint lodged by the first respondent,
Ballari Rural Police registered a case against the petitioners
herein for the violation of the provisions of the trademark
and also under Section 201, 420, 465, 468, 471 and 472
IPC. The gist of the complaint averments are that infront of
Taranath Hospital in the Ballari Rural Police jurisdiction, Bunt
Solar India Private Limited/Company had installed solar
water heater in DAR quarters which has resulted in violation
of the Trademark of the complainant company and therefore,
sought for action.
4.
The
Police
after
registering
the
case
are
investigating the matter. In the meantime, the petitioners
have approached this Court with the aforesaid prayers on the
following grounds:
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• The registration of the F.I.R. and also all
further proceedings are vitiated by malice
and there is absolutely no valid ground to
register the criminal case.
• Necessary
ingredients
of
the
alleged
offences are not at all made out and hence
registration of the F.I.R. itself is illegal and
without jurisdiction.
• The allegation is that the complainant is
holding trade mark and their logo has been
unauthorisedly put by the accused. All these
allegations are false.
• Without prejudice, it is further submitted
that these allegations would best amount to
contravention under the provision of Trade
Mark Act. But the Police have wrongly and
mischievously quoted Sections 201, 420,
465, 468, 471. 472 of IPC with the
malicious intention of somehow adding non-
bailable offences, at the instance of the
complainant/Respondent No.1 herein for
extraneous consideration and in order to
thrust the petitioner to jail.
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• The petitioner suffered unlawful detention
on account of the registration of the F.I.R.
on the basis of the false and baseless
complaint.
• The Police/Respondent No.2 deliberately
invoked wrong penal provisions to thrust
the petitioner to prison, thereby the right of
the petitioner to live with dignity as
enshrined
under
Section
21
of
the
Constitution of India has been violated..
Moreover, no
enquiry
whatsoever was
conducted by the Police before arresting
and producing the petitioner before the
Court. The petitioner has not provided any
opportunity to put-forth his say to the
Police even though he has stated that he is
innocent, the Police acted maliciously by
abusing their powers and in contravention
of the directions issued by the Hon'ble
Supreme
Court
regarding
arrest
and
procedure to be followed by the Police. The
Police are liable to be compensated the
petitioner for the loss suffered by him.
• The petitioner himself had appeared before
the Police and even he was co-operating
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with the investigation. There was absolutely
no ground even to suspect that petitioner
would
abscond.
Hence
arrest
was
u