GOPALA SADASHIVA GAYATRI Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos.3 to 7 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.13527/2014 pending on the file of 32nd ACMM, Bengaluru for the offences punishable under Ss. 384, 504, 506, 511 read with Sec. 34 of IPC arising out of Crime No.47/2014 registered by Girinagar Police Station, Bengaluru.

(2.) Heard the arguments of Smt. Padmavathi N, learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1-State and Sri P.N.Manmohan, learned counsel for respondent No.2.

(3.) The case of the prosecution is that on the complaint of one Krishna Ganesh Bhat, the Girinagar Police registered a case against the accused persons on 21/3/2014. It is alleged that the accused persons demanded money from respondent No.2 for withdrawing the Public Interest Litigation (PIL) filed before the High Court. It is further alleged that the complainant is CEO of Sri Ramachandrapura Mutt, that on 26/2/2014, a phone call received by the incharge of the Ramachandrapura Mutt from one Mallikarjun Patil (the accused No.1) stating that he is said to be an advocate and informed that the PIL is coming before the High Court for hearing on 10/3/2014 and they want to discuss with the same. Then the said information was forwarded to Arun Shyam, who is an advocate looking after the legal issues of the Ramachandrapura Mutt. Accordingly, the said Arun Shyam contacted Mallikarjun Patil and they met on 27/2/2014 at Suwarna News Channel office, where the accused demanded Rs.1.00 Crore in order to withdraw the PIL. Then on 28/2/2014, once again they demanded the said amount and the said incident was video recorded. Thereafter, on 1/3/2014, they shown the documents and demanded Rs.5.00 crore in order to rectify all the disputes. On 10/3/2014, on the date of hearing, the accused No.1- Mallikarjun introduced accused No.2-Chandan to the advocate-Arun Shyam stating that the applicant Gokarna Hitha Rakshana Samithi and another Association were all demanded money for withdrawing the PIL petition. Then on 17/3/2014, the said Mallikarjun Patil-accused No.1 summoned the advocate-Arun Shyam and introduced Mohan Bhaskar Hegde, Secretary and demanded money. Hence, the complaint has been filed. Subsequently, a trap was laid while accepting money of Rs.10.00 lakh, accused Nos.1 and 2 were caught red handed and seized under the panchanama. Then, the investigation was conducted and filed the charge sheet by showing these accused persons as accused Nos.3 to 7 who are the Executive members of the Gokarna Hitha Rakshana Samithi, which is under challenge.