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Nagaraju vs State By Kempapura Agrahara Ps on 7 June, 2018

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 7TH DAY OF JUNE, 2018

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO.3374/2018

BETWEEN

1. NAGARAJU
S/O LATE SUBRAMANYA SHETTY
AGED ABOUT 44 YEARS
R/AT NO. 2, D STREET, 1ST CROSS
MAGADI ROAD, BANGALORE 560 023

2. M. HEMANATH KUMAR @ NANI
S/O LATE SUBRAMANYA SHETTY
AGED ABOUT 28 YEARS
R/AT NO. 5-95/4, NAGARI STREET
PUNGANUR, CHITTUR DISTRICT
ANDHRA PRADESH 517 247

3. T. JAYABHARATHI
W/O T JAYASHANKAR
R/AT NO.7-85/2
KK PALYAM, PUNGANUR
CHITTOR DISTRICT
ANDHRA PRADESH 517 247 … PETITIONERS

(BY SRI. J. T. GIREESHA, ADVOCATE)

AND

1. STATE BY KEMPAPURA AGRAHARA PS
REP BY SPP, HIGH COURT BUILDING
BANGALORE 560 001
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2. GURAPPA
S/O LATE RAMAIAH SHETTY
AGED ABOUT 62 YEARS
R/AT RAMAKUPPAM VILLAGE
KUPPAM TALUK, CHITOOR DIST.
ANDHRA PRADESH 517 247 … RESPONDENTS

(BY SRI. S. RACHAIAH, HCGP FOR R-1)

THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C
PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.23658/2016 (CRIME NO.116/2016) OF
K.P.AGRAHARA POLICE STATION, ON THE FILE OF THE
44TH A.C.M.M., BANGALORE CITY FOR THE OFFENCE P/U/S
498A, 306, 201 R/W 34 OF IPC.

THIS CRL.P COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioners and

perused the records.

2. The petitioners have sought for quashing of the

proceedings before the 44th Addl. CMM, Bengaluru City in

CC No.23658/2016 (arising out of Crime No.116/2016) for

the offence punishable under Sections 498A, 306, 201

read with Section 34 of IPC, which is yet to be committed

to the Court of Sessions.

3. The learned counsel for the petitioner contended

that the police have converted an accidental case into a
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suicidal case and implicated falsely the accused persons

(petitioners herein). Of course, the documents produced

before the court, which is said to be the dying declaration

of Sridevi W/o. Nagaraju, wherein the said document

discloses that she accidentally met with fire and sustained

burn injuries and she has stated that, she alone

responsible for those injuries etc., The charge sheet filed

by the police discloses that the Investigation officer has

recorded the statement of many number of witnesses. He

cited as many as 26 witnesses in the charge sheet

including the statements of the doctors etc., The learned

counsel has not made available the entire charge sheet as

to what are all the other materials collected by the police

at the time of investigation. When the court is dictating

the order, the learned counsel for the petitioner would like

to produce the charge sheet. This is not the way of

submitting the materials to the court. When the charge

sheet is challenged before the court, it is the fundamental

duty to produce the contents of the entire charge sheet

before the court for the perusal of the court.
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4. Even otherwise, on perusal of the materials on

record, the court cannot decide the matter only on the

basis of the dying declaration of the deceased. The court

has to evaluate and weigh the entire materials on record

that cannot be done by this court while exercising powers

u/s.482 of Cr.PC. Therefore, this petition in my opinion, is

devoid of merit and the same is liable to be dismissed.

Accordingly the Petition is dismissed. However,

the petitioners are at liberty to make an application for

their discharge before the Trial Court and the court can

look into the entire charge sheet papers and pass

appropriate order in accordance with law.

In view of the dismissal of the petition on merits,

I.A.No.1/2018 filed for stay does not survive for

consideration and the same stands dismissed.

.

Sd/-

JUDGE

PL*

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