LAWS(KAR)-2019-7-366

NAVEEN Vs. STATE OF KARNATAKA

Decided On July 24, 2019
NAVEEN Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioner accused Nos.1, 2, 4 and 5 under Section 482 Cr.P.C. praying to quash the order dated 18.03.2019 passed by V Addl. District and Sessions Judge, Dharwad sitting at Hubballi in SC No.70/2018 for the offences punishable under Sections 143, 147, 148, 302, 120(B), 201 R/w. Section 149 of the IPC.

(2.) I have heard the learned Senior Counsel Sri. M. T. Nanaiah and learned counsel Sri. V. G. Patil for petitioners/accused and Smt. Seema Shiva Naik, HCGP for respondent No.1-State. Though notice is served to respondent No.2, there is no representation.

(3.) The genesis of the complaint are that, the son of the complainant Dr. Babu has opened a hospital in the name of Shushruta Nursing Home along with other partners at Vidyanagar, Hubballi. Four daughters of the complainant have got married. His son Dr. Babu was residing with his wife and two children in Jayanagar. The parents of the wife of said Dr.Babu, her brother and his wife were residing in a neighbouring house by the side of the house of Dr.Babu. They have opened a Mahindra Garage in the name of Rajrajeshwari and there were some financial transactions between Dr.Babu and his brother-in-law and subsequently difference arose between them. On 12.03.2018 at about 1.00 pm, when the complainant was in his native place, he called his son Dr.Babu over phone, but he did not take the call; continuously he dialed but there was no response from his son Dr.Babu and as such, complainant came to Hubballi along with his brother Jagadish Shankar Hundekar and made enquiry with the staff of hospital. They told that Dr. Babu came to the hospital at about 11.00 am and immediately he left the hospital and thereafter he has not returned to the hospital. As the complainant suffered with shock, he took treatment in Shivashakti hospital and thereafter at about 7.00 pm he came back to his native place. It is further alleged that on 13.03.2018 at about 9.00 am, once again he called his son Dr.Babu over the phone and his phone was switched off. Again he came to Hubballi along with his friend and made an enquiry and came to know that since yesterday he has not come to the hospital. He made enquiries with the family members and he was under the impression that because of the financial transactions he might have gone from there. Even they kept the search on but they did not trace him. At about 6.00 pm, he found Dr.Babu's car and his two mobiles near the house of Naveen and on enquiry he came to know that his son Dr.Babu has left his car and mobile in the said car. Suspecting that Naveen might have abducted his son Dr.Babu for financial transaction, he filed the complaint. Subsequently, he came to know that his son Dr.Babu has been murdered. On the basis of the complaint a case is registered and after investigation, charge sheet was laid against accused/petitioners.