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2025 DAILYLAW 14193 (KAR)

SRI DASA ALIAS DASABHOVI v. STATE OF KARNATAKA

CRL.P/903/2025 · 2025-01-30

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:4419 CRL.P No. 903 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 903 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI DASA ALIAS DASABHOVI, S/O LATE THIMMABHOVI, AGED ABOUT 32 YEARS, 2. SRI THIMMABHOVI @ PAPABHOVI, S/O THIMMABHOVI, AGED ABOUT 55 YEARS, 3. SRI SHIVAKUMAR S/O MARIYAPPA ALIAS SEEGADI AGED ABOUT 34 YEARS, 4. SRI MANJA D. S., S/O THIMMABHOVI, AGED ABOUT 61 YEARS, 5. SRI RANGA S/O CHIKKARANGABHOVI, AGED ABOUT 23 YEARS, 6. SRI SHIVAKUMAR @ GENDE S/O THIMMABHOVI, AGED ABOUT 30 YEARS, 7. SRI SATHISHA @ KENCHA S/O THIMMAPPA, AGED ABOUT 26 YEARS, 8. SRI DHANANJAYA S/O VENAKTESH BHOVI, AGED ABOUT 22 YEARS, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4419 CRL.P No. 903 of 2025 9. SRI SATHISHA @ SADDA S/O LATE VENKATESHA, AGED ABOUT 21 YEARS, 10. SRI LOKESH S/O THIMMABHOVI AGED ABOUT 35 YEARS, 11. SRI ABHISHEKA S/O RAMAKRISHNA BHOVI AGED ABOUT 20 YEARS, 12. SRI VASUKUMAR S/O PAPABHOVI, AGED ABOUT 25 YEARS, 13. SRI RAMESHA D T S/O THIMMABHOVI, AGED ABOUT 27 YEARS, 14. SRI KEMPEGOWDA S/O DODDEGOWDA, AGED 52 YEARS, 15. SRI MURTHY S/O THIMMABHOVI, AGED ABOUT 38 YEARS, 16. SRI NAGA S/O DODDA RANGABHOVI, AGED ABOUT 38 YEARS, 17. SRI MANJA D. P. @ LARA S/O PAPABHOVI AGED ABOUT 37 YEARS, 18. SRI MANJUANTH @ LOKESHA S/O CHIKKARANGABHOVI, AGED ABOUT 36 YEARS, 19. SRI NATESH D. P. S/O PAPABHOVI, AGED ABOUT 32 YEARS, ALL ARE R/AT DODDEGOWDANAKOPPALU VILLAGE, - 3 - NC: 2025:KHC:4419 CRL.P No. 903 of 2025 KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT. …PETITIONERS (BY SRI. BHARGAV G., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BELLUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. 2. SRI PARAMESHA, S/O SHIVALINGEGOWDA, AGED 31 YEARS, R/AT DODDEGOWDANAKOPPALU GRAMA, NAGAMANGALA TALUK - 571448 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE COMMITTAL ORDER DATED 06.11.2024 IN C.C NO. 173/2020 (ARISING OUT OF CRIME NO. 229/2018 OF BELLUR POLICE STATION) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 341, 324, 504, 506, 323, 326 OF THE CRIMINAL PROCEDURAL CODE R/W SECTION 149 OF INDIAN PENAL CODE, PASSED BY THE COURT OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS (JMFC), NAGAMANGALA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 4 - NC: 2025:KHC:4419 CRL.P No. 903 of 2025 ORAL ORDER In this petition, the petitioners seek the following reliefs: “Wherefore, the Petitioners above named pray that, the Hon’ble Court be pleased to set aside the committal order dated 06.11.2024 in C.C.No.173/2020 (arising out of Crime No.229/2018 of Bellur Police Station) for the offences punishable under Sections 143, 341, 324, 504, 506, 323, 326 of the Criminal Procedural Code R/W Section 149 of Indian Penal Code, passed by the Court of the Civil Judge and Judicial Magistrate First Class (JMFC), Nagamangala in the interest of justice.” 2. Heard learned counsel for the petitioners and learned Additional State Public Prosecutor for respondent No.1-State and perused the material on record. 3. A perusal of the material on record will indicate that vide impugned Committal Order dated 06.11.2024, learned Magistrate committed the case to the District and Sessions Court, Nagamangala and issued certain directions. Aggrieved by the impugned order of committal the petitioners are before this Court by way of the present petition. 4. The impugned order of committal dated 06.11.2024 reads as under: - 5 - NC: 2025:KHC:4419 CRL.P No. 903 of 2025 “COMMITTAL ORDER U/SEC.323 OF CR.P.C. “The PSI of Bellur Police Station has filed a charge sheet against the accused persons alleging that, accused have committed the offences punishable U/Secs.143, 144, 147, 148, 341, 323, 324, 326, 504 and 506 R/w Sec.149 of Indian Penal Code. That, on 17.03.2020 this Court took cognizance of the offences mentioned supra alleged against the accused in accordance with Section 190(1)(b) of Criminal Procedure Code. 2. That, learned APP has filed application U/sec.323 of Cr.PC praying to commit this case before Hon'ble District and Session Judge, Mandya. 3. Advocate for the accused has filed objection. In the objection, it is contended that the subject matter arising in Spl.S.C. No.56/2019 and present case are different from each other. The time also different from each other. Hence, it is prayed to reject the application. 4. On perusal of materials available and on hearing of the Learned APP and the Counsel for the accused, it is forthcoming that, Spl. SC No.56/2019 for the offence punishable U/sec. 143, 144, 147, 148, 341, 323, 324, 114, 504 and 506 R/w Sec.149 of IPC and Sec.3(1)(s) and Sec.3(1)(r) of The S.C. and S.T. (Prevention of Atrocities) Amendment Act, 2015 is connected with the present case and in the said case since the offences are exclusively triable by the Hon’ble District and Sessions Judge, the police have filed charge sheet before the said court. - 6 - NC: 2025:KHC:4419 CRL.P No. 903 of 2025 5. Further, the date, subject matter and parties to the case are one and the same. That, it is held in the decision of Sudhir V/s State of M.P. reported in (2001)2 SCC 688 that, where one of the two cases (relating to the same incident) is chargesheeted or complained of, involves offences are offence exclusively triable by a Court of session, but none of the offences involved in the other cases is exclusively triable by the Session Court, the magistrate has no escape from committing the former case to the Session Court has provided in Sec.209 of Cr.P.C. though, the next case cannot be committed in accordance with Sec.209 of Cr.P.C., the magistrate has, nevertheless, power to commit the case to the Court of Session. Sec.323 is incorporated in Cr.P.C. to meet similar cases also. 6. Therefore, as per the application filed by the learned APP present case is connected with said Sessions case pending before Hon'ble District and Session Judge and accused have to be tried along with above mentioned case. Even, incident, date of incident and parties of the case are one and the same. Therefore, it is needful to commit the case before Hon’ble Court of Sessions as required U/Sec.323 of Cr.P.C. 7. Accused have been enlarged on bail and they have supplied with prosecution papers. However, to secure the attendance of the accused before the Hon‘ble Sessions Court, it is necessary to obtain the surety from them. Accordingly, committal surety has been obtained for accused. In the result, this court proceed to pass the following: - 7 - NC: 2025:KHC:4419 CRL.P No. 903 of 2025 ORDER This case is committed to the Hon’ble District and Sessions Court, Mandya and accused are directed to execute a bond for Rs.1,00,000/-. Further, they are directed to appear before the Hon’ble District and Sessions Court, Mandya on the date called upon by it. Office is directed to intimate the above orders to the prosecution and sent all the case papers and documents and articles related to the case to the Hon’ble District and Sessions Court, Mandya.” 5. Though several contentions have been urged by the petitioners in support of their respective claims, I do not find any illegality, infirmity or perversity in the impugned order warranting interference by this Court. Accordingly, the Criminal Petition is disposed of without interfering with the impugned Order of Committal dated 06.11.2024 passed in C.C.No.173/2020 by the Civil Judge and JMFC, Nagamanagala. The Sessions Court, to whom the learned Magistrate has committed the matter is directed to dispose of the matter as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: