The petitioner is before this Court calling in question the

proceedings in Sessions Case No.9 of 2017 before the II

Additional District and Sessions Judge, Haveri (Sitting at

Ranebennur) registered for offences punishable under Sections

450, 451 and 304 r/w Section 34 of the IPC.

2.

Heard Sri.M.B.Gundwade, learned counsel for petitioner

and Sri.Ramesh Chigari, learned HCGP for respondent-State.

3.

Brief facts leading to the filing of the present petition, as

borne out from the pleadings, are as follows:-

The petitioner is accused No.1 and accused No.2 is one

Ravi Chandrashekar Murnal. The allegation is that the petitioner

and accused No.2 trespassed in to the house of the deceased

Channappa

Channamallappa

Chandrapattan

(hereinafter

referred to as Channappa). After entering the house, they

entered the bed room where Channappa was staying. It

transpires that the petitioner spoke to Channappa in a very high

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tone with regard to the affairs of Nehrunagar Griha Nirman

Sahakari Sangha since he was the Secretary. It is alleged that

Channappa was aged about 78 years and had history of heart

ailment. The said Channappa had requested both the accused to

speak in a soft voice. The accused did not stop due to which

Channappa died. The complainant- daughter of Channappa

registered a complaint against the accused that they have

throttled the neck of her father-Channappa and killed him. This

led to registration of FIR against the petitioner and the other

accused for the aforesaid offences including offence punishable

under Section 302 of the IPC. The Police after investigation

have dropped the charge under Section 302 and have filed

charge sheet for offences punishable under Sections 450, 451

and 302 r/w Section 34 of the IPC. It is germane to notice that

accused No.2 had approached this Court in Criminal Petition

No.100192 of 2017 which came to be disposed of this Court by

its order dated 27^th May 2019 wherein this Court took note of

the opinion of the medical expert as to how Channappa died.

The relevant observation of this Court in the said order is

extracted hereunder for the purpose of ready reference:

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“8.

As could be seen from

the contents of the complaint and other

materials, it is the specific case made out

by the complainant that, when accused

Nos.1

and

were

there

with

the

deceased, they were talking loudly and

deceased requested accused No.1 to

speak slowly. Thereafter the deceased

asked the complainant to bring water to

drink and when she brouhg the water,

the deceased was silent and he did not

talk with her. She filed the complainant

alleging that the accused persons have

throttled her father’s neck and killed him.

But as could be seen from the opinion

expressed by the Medical Officer, Taluka

General Hospital, Bydagi, the cause of the

death to the best of his knowledge was

Cardio respiratory failure due to acute

myocardial infection as evidenced by clots

in the left vertical. That itself clearly

goes to show that the deceased has died

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due to the above said reason and not

because of the throttling by accused No.1

and 2.

9.

Under the said facts and

circumstances, no useful purpose is going

to

be

served

if

the

accused

No.2/petitioner is ordered to be continued

in the trial. Hence, I feel that the

petitioner has made out a case.

Hence the petition is allowed. The

proceedings

initiated

against

accused

No.2 only in C.C.No.79/2016 pending on

the file of the Principal Civil Judge

(Jr.Dn.) and JMFC Court, Bydagi for the

offences punishable under Sections 450,

451 and 304 R/w. Section 34 of IPC are

quashed.

4.

The co-ordinate Bench of this Court considering the

co-accused on perusal of the records quashed the proceedings

against accused No.2. While doing so, the Court has recorded

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the opinion that the death of Channappa was due to cardio

respiratory failure due to acute myocardial infection as evidence

by clots in the left vertical. Therefore, if there are clots in the

left vertical it cannot happen overnight or par