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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION NO.6172 OF 2020

Between:

1.

Sri.Sannerappa @ Erappa

S/o Hanumantha Bhovi

Aged about 59 years

2.

Sri. Mahantesh

S/o Sannerappa

Aged about 31 years

3.

Smt.Manjula

W/o Mahantesh

Aged about 27 years

4.

Smt.Nagarathnamma

W/o Yallappa

Aged about 25 years

5.

Sri.Yallappa

S/o Thimanna

Aged about 30 years

Petitioners No:1 to 5 are resident of

No: 45, Saint Annes School Road,

Vedavathi Nagara, Near Hiriyur sugar factory

Hiriyur-577599, Chitradurga District

6.

Sri.Jayappa.B @ Jayappa

S/o Bheemabhovi

Aged about 43 years

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7.

Sri.Srinivasa.R @ Seena

S/o Ramachandrappa

Aged about 22 years

8.

Sri.Basavaraj T

S/o Thimmaiah

Aged about 23 years

All are R/o Belagatta Village

Hiriyur Taluk-577599,

Chitradurga District.

& Petitioners

(By Sri.V.B.Siddaramiah., Advocate)

And:

1.

The State of Karnataka By

Aimangala Police Station

Aiangala-577599

Hiriyur Taluk,

Chitradurga District.

Represented by SPP, High Court

Building, Bangalore-560001.

2.

Sri.Thimmiah

S/o Erabhovi

Aged about 48 years

R/o Gudihalli Village

Hiriyur Taluk-577599

Chitradurga District.

& Respondents

(By Sri.Showri.H.R,HCGP for R1;

R2-Served)

This Criminal Petition is filed under Section 482 of

Cr.P.C. praying to quash the entire proceedings, in

C.C.No.1559/2020 (Cr.No.128/2019) registered by 1^st

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respondent,

Imangala

Police

Station,

Hiriyur

Taluk

Chitradurga District pending on the file of the Additional

Civil Judge and JMFC, Hiriyur for the alleged offence U/S.

506,504,148,143,149,147,324,323,307 and 447 of IPC.

This Criminal Petition coming on for admission this

day, the court made the following:

O R D E R

This petition is filed under Section 482 of Cr.P.C.

praying this court to quash the entire proceedings in

C.C.No.1559/2020 for the offences under Sections

506, 504, 148, 143, 149, 147, 324, 323, 307 and 447

of IPC and pass such other orders.

2. The factual matrix of the case is that

respondent no.2 herein has filed a complaint making

the allegation that these petitioners have abused and

caused life threat by forming an unlawful assembly,

assaulted and made an attempt to take away the life

by trespassing the land of the complainant. Based on

the complaint, the police have registered a case and

investigated the matter and filed the charge sheet.

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3. The main contention of the petitioners9 counsel

before this court is that they have been falsely

implicated in the case and there is case and counter

case between the parties and further contended that

the ingredients of Section 307 of IPC does not attract

the case on hand on perusal of the material available

before the court. Respondent no.1 has not made

proper enquiry as to whether it attracts Section 307 of

IPC or not without referring to the statements of the

witnesses. In the absence of any ingredients of

Section 307 of IPC, the matter requires to be quashed.

4. Per Contra, learned counsel for the State

would submit that it is a matter of trial and whether

the statements of the witnesses have been referred or

not requires trial under Section 307 of IPC and without

trial this court cannot come to conclusion under

Section 482 of Cr.P.C.

5. Having heard the petitioners9 counsel and the

counsel for the State and also on perusal of the

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records, the specific allegation made in the complaint

against the petitioners herein is that with an intention

to take away the life of the complainant, the

petitioners came and abused CW-1 in filthy language

and also assaulted with iron rod on the head and

caused bleeding injuries. The others have also

assaulted and further caused life threat.

6. Having perused the wound certificate, no

doubt the injuries are simple in nature as contended by

the petitioners9 counsel. Whether there was any