GANGAVANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No. 5 in PCR. No. 180/2007 on the file of I ACMM, Bangalore, has come up in this proceeding seeking quashing of criminal case in C.C. No. 14228/2008, which is registered against accused Nos. 5 to 7 only in PCR. No. 180/2007.

(2.) Brief facts leading to this petition are that, petitioner herein is a devotee of Udupi Pejavar Mata. So also the second respondent herein, who is complainant, in PCR. No. 180/2007. The private complaint in PCR. No. 180/2007 is filed by the second respondent, Sri K.S. Venkatesh. According to him, petitioners herein and himself are very close to Swamiji of Udupi Pejavar Mata. Complainant's nephew Sri Srinidhi was in need of funds for starting a business. Hence, complainant approached first accused in PCR. No. 180/2007, namely Swamiji of Udupi Pejavar Mata to provide certain funds to Sri Srinidhi, so that by making use of the same he could raise loan from the Vijaya Bank to start an industry along with his friends. It is seen that pursuant to the request of complainant K.S. Venkatesh, the funds were provided by first accused-Swamiji to Sri Srinidhi under peculiar circumstances in the presence of witnesses in PCR. No. 180/2007. However, it is stated that the complainant's nephew, Sri Srinidhi vanished with the money that was provided to him and did not come back. As a result, first accused-Swamiji called upon the complainant-Sri K.S. Venkatesh, at whose instance the money was given by first accused-Swamiji, to arrange for repayment of said money. It is stated that when pressure was built on the complainant for repayment of money either through his nephew or by himself as guarantor to the transaction, the complaint in PCR. No. 180/2007 is filed by him against accused 1 to 7 alleging that collectively they are trying to commit certain offences against the complainant, which are punishable under the provisions of Indian Penal Code, namely under Sections 307, 326, 340, 506 r/w 34 of IPC. The said private complaint, which was filed on the file of I ACMM, Bangalore, was referred for investigation to the Kempegowda Nagara Police under Section 156(3) of Cr.P.C. It is stated that said Kempegowda Nagara police, after investigation, filed 'B' report in the matter on 18.8.2007. At this juncture, it is necessary to bring on record the relevant dates on which the chronicle events took place leading up to filing of B report by police.

(3.) Admittedly, the offence alleged against accused 1 to 7 in PCR. 180/2007 is said to have taken place on 24th and 25th of November 2006, whereas a complaint is said to have filed by complainant before the jurisdictional police on 13.12.2006. It is the case of complainant that no action is taken as against said complaint that is filed by him on 13.12.2006. Hence, PCR. 180/2007 is filed on 3.1.2007, which is subsequently referred to Kempegowda Nagara Police, who in turn after investigation filed 'B' report on 18.8.2007, for which it is seen that, a protest petition is filed by complainant on 24.9.2007. After hearing the parties i.e., complainant and accused 1 to 7, the learned Magistrate has proceeded to accept the 'B' report in part, consequently, dismissed the complaint as against accused 1 to 4 and has taken cognizance of alleged offence against accused 5 to 7 and registered criminal case in C.C. 14228/2008 for offences punishable under Sections 307, 326, 340, 506 r/w 34 of IPC.