ARUN RATNAPPA RATHOD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner who is the accused No.7 in C.C.No.52/2016 pending on the file of the Principal Civil Judge and CJM Court, Bagalkot (for brevity hereinafter referred to as 'the trial Court') for the offences punishable under Sections 143 , 147 , 148 , 308 , 324 , 341 , 336 , 353 , 427 , 504 , 506 and 149 of Indian Penal Code (IPC) and also under Section 2(b) of the Karnataka Prevention of Destruction & Loss of Property Act, 1981 (for brevity hereinafter referred to as 'the Act') has filed this petition seeking quashing of the said criminal case against him.

(2.) The summary of the charge-sheet is that the present respondent No.2 who is the complainant has lodged a complaint before the 1st respondent police on 15.04.2015 at about 5.00 p.m. The summary of the said complaint is that the complainant has been working as a driver in North West Karnataka Road Transport Corporation (NWKRTC) bus on the route between Badami and Bagalkot. On the alleged date of incident i.e. on 15.04.2015, while himself joined by the Conductor of the said bus along with the passengers in the bus who were going on their return journey from Bagalkot to Badami at about 12:05 hours in the afternoon, noticed a bike rally that was proceeding on the road near railway station at Bagalkot. While he was taking his bus on the side of the road to enable the rallyist to proceed further, several of the rallyist started abusing him in filthy language and warned him that his bus cannot move unless the entire rally proceeds further. Though the complainant stated that he would not proceed further till the rallyist clears the road, still the bike rallyist and the people in the rally started pelting stones towards his bus. Thus, the bus was damaged and the passengers in the bus due to their fear got down from the bus.

(3.) The learned counsel for the petitioner in his argument submitted that, a reading of the complaint would nowhere makes it clear as to how come the complainant/bus driver was aware of the name of the present petitioner so that he has mentioned the name of the present petitioner in the FIR. According to the learned counsel the present petitioner was a resident of a place called Muddebihal and the incident has taken place at Bagalkot. The learned counsel also submits that, though a good number of motorcycles are said to have been seized by the police in the incident, however, none of them pertain to the present petitioner, as such also the involvement and participation of the present petitioner in the alleged crime is highly suspicious.