MAHENDRA K. C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) While exercising the jurisdiction under Section 482 of the Code of Criminal Procedure 1973("CrPC"), a Single Judge of the High Court of Karnataka quashed (i) a complaint dated 6 December 2016; and (ii) the proceedings initiated pursuant to the complaint. The proceedings which have been quashed were registered as Crime No. 565 of 2016 on 7 December 2016 at Police Station Maddur, Mandya District, Karnataka and pending on the file of the IInd Additional Civil Judge (Junior Division) and JMFC Maddur. The complainant, at whose behest the First Information Report; "FIR" was registered for an offence punishable under Section 306 read with Section 34 of the Indian Penal Code 1860("IPC"), and the State of Karnataka are in appeal against the judgment of the High Court dated 29 May 2020. The Single Judge was persuaded to quash the proceedings on the ground that the continuation of the prosecution "would [be] a travesty of justice and be a sheer waste of time ", besides requiring the accused-respondent "to undergo the rigors of a lengthy trial ". A Facts

(2.) On 6 December 2016, a complaint was lodged at Maddur Police Station at 20:00 hours by the appellant who is the brother of the deceased. The complaint narrates that the appellant 's brother was working as a driver for the accused-second respondent. The second respondent is an officer of the State of Karnataka and is employed in the capacity of a Special Land Acquisition Officer("SLAO"). According to the complaint, the deceased would travel from Bengaluru once in a month to visit the family home and meet his family and friends. Among his friends was Shashi Kumar. It is alleged that on 4 December 2016 the deceased met another friend, Shiva Kumar at Bengaluru and went to the village. After enquiring about the welfare of his parents, the deceased shared his anguish with the complainant and Shiva Kumar that the accused, who is an SLAO, has amassed disproportionate assets worth over one hundred crores and had utilized the mobile and bank account of the deceased to transfer funds to his relatives in the course of converting "black money into white ". The complaint narrates that since the deceased was aware of the dealings of the accused, the accused together with another driver, had been threatening him with murder.

(3.) On 6 December 2016 at about 1:30pm, Shashi Kumar called the complainant to inform him that the deceased was staying in a room in a lodge and was not opening the door. When he attempted to call the deceased on his cell phone, the deceased spoke in a drunken state and it was apprehended that he was in some difficulty. The complainant alleged that he proceeded to the lodge at 3.00 pm and met Shashi Kumar and found that the room was bolted from inside. The complainant was informed that on 4 December 2016, the deceased had asked Shashi Kumar to arrange a room at a lodge, where he stayed with Shashi Kumar. The deceased is alleged to have informed Shashi Kumar that his life was in danger as the deceased was aware of the illegal activities of the accused in amassing wealth as a result of which he was being threatened with murder. The deceased asked Shashi Kumar to leave the room as the deceased was expecting another friend of his, Suresh, to join him, with whom he was going to discuss the activities of the accused. On 5 December 2016, the deceased called Shashi Kumar to bring him food at the lodge, which was delivered. The deceased informed Shashi Kumar that his friend Suresh had not turned up. He also told Shashi Kumar to return home as one of his other friends would be staying with him.