SIVA VALLABHANENI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above three revision petitions are directed against the order dated 19.2.2018 passed by the 3rd Additional District and Sessions Judge, Ramanagar rejecting the applications filed by the revision petitioners-accused under Sections 227 and 228 of Cr.P.C. in S.C. No.86/2014. The revision petitioners herein have challenged the legality and correctness of the said order of the learned Sessions Judge on the grounds as mentioned in the respective above three revision petitions.

(2.) The facts leading to filing of these revision petitions are that the revision petitioners filed an application under Sections 227 and 228 of Cr.P.C. seeking their discharge from the proceedings. In the said applications, it is stated that the evidence collected by the investigator during the course of the investigation of the crime, both oral and documentary, and which are brought on record in the case in the form of Final Report filed under section 173(2) of Cr.P.C. and such of those materials which he had collected during the course of the investigation of the crime, again, which are both oral and documentary, and which he has not chosen to bring the same on record in the case and which evidence he was compelled to place before this Hon'ble Court consequent to the order which came to be passed by this Court in the criminal petition that had been filed by the accused, if read to their face value as true, do not make out any offence, let alone, the one that are mentioned in the Final Report filed in the case. The basic essential ingredients that would constitute the commission of offences said to have been committed by the accused and that are mentioned in the final report filed in the case are found lacking in the evidence collected by the investigator.

(3.) The respondent-complainant has opposed the application by filing statement of objections. The objections are that facts of the case and sum and substance of the charge sheet is that, accused Nos.1, 4 and 6 have registered a Trust by name Nithyananda Dhyanapeeta Ashram in Bidadi of Ramanagar District in the year 200 Later, they have extended its branches in different names. Accused No.2 has joined the Nithyananda Foundation in DUARTE, Los Angeles County, California, U.S. and became part of Nithyananda Dhyanapeeta as a follower, taking part in all activities of the Ashram. Accused Nos.3 and 5 are married couple having U.S. Citizenship and they joined the Ashram in the year 2004. Accused No.3 is working as international secretary for all Nithyananda organizations and accused No.5 as P.A. to accused No.1 in U.S. and in Bidadi Ashram. Accused Nos.4 and 6 are another married couple from Tamilnadu who joined the Bidadi Ashram since its existence as its staunch disciples. Later, accused No.4 became the official secretary of accused No.1 and Ashram, and accused No.6 the personal assistant to accused No.1. Accused Nos.1 to 5 were having full knowledge of all the activities of Ashram. The Ashram was initially carrying some spiritual activities like Dhyana, Yoga and etc. Later, accused No.1 with aid of other accused used to arrange programmes and courses to preach yoga, dhyana and bhakthi in different places. Therefore, many people interested in such spiritual activities being inspired by the speeches have joined the said Ashram. Therefore, many people interested in such spiritual activities being inspired by the speeches have joined the said Ashram.