HARIRAJ SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The common accused No.1 - Sri.Hariraj Shetty, s/o B.Vasanthram Shetty, in Crime No.114/2014 registered with Vayalikaval Police, Bangalore, and Crime No.150/2014 registered with Upparpet Police, Bangalore, has come up in these two criminal petitions seeking to quash the same. Admittedly, both crimes are registered against the common petitioner and others for the offences punishable under Sections 78(1)(a)(vi), 79, 78(i)(b) of the Karnataka Police Act, 1963, and Section 188 of the Indian Penal Code. These two petitions were heard for admission on different dates and disposed off by common order.

(2.) Learned counsel appearing for the petitioner, who is seeking quashing of the aforesaid complaints, tried to substantiate his prayer in these two petitions relying upon the orders rendered by Co-ordinate Bench of this Court in the matter of M/s. Rajeshwari Association v. State of Karnataka, in an unreported decision dated 18.12.2013 passed in W.P.No. 57021/2013 (GM-Police) and followed by the decision of another Co-ordinate Bench in the matter of Pool N Club v. State of Karnataka in W.P.No.27530/2013 (GM-Police) disposed of on 27.06.2013 and in the matter of M/s. Rajeshwari Association v. State of Karnataka, in an unreported decision dated 14.03.2014 passed in W.P.No.12290/2014 (GM-Police). Incidentally, it is seen that the accused in all the earlier proceedings is one M/s. Rajeshwari Association, a recreation club, represented by its President, D. N. Niranjan and another is Pool N Club, represented by its President, Hariraj Shetty, who is petitioner in these two petitions.

(3.) It is seen that aforesaid clubs/associations are run by a group of persons, i.e., the petitioner in these two criminal petitions, who is also President of Pool N Club and also the Members Lounge, which is petitioner in W.P.No.27530/2013, disposed of on 27.06.2013 and Member in M/s. Rajeshwari Association, which is petitioner in W.P.No.12290/2014 and W.P.No.57021/2013. It is seen that the so called M/s. Rajeshwari Association, Pool N Club, the Members Lounge and other associations are registered under the Societies Act, claiming themselves having laudable objects as stated in the Memorandum of Association. The Aim and Objects of the Members Lounge stated in the memorandum of association, which is produced as Annexure -'D' reads as under: