- 1 - HC-KAR NC: 2025:KHC-K:3789 CRL.P No. 200734 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 200734 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. PARAMESHWAR S/O DHULAPPA, AGE:65 YRS, OCC: BUSINESS, R/O. CIB COLONY, KALABURAGI-585103. 2. PRASANNA KUMAR S/O PARAMESHWAR, AGE:33 YEARS, R/O. CIB COLONY, KALABURAGI-585103. 3. PRAVEEN KUMAR S/O PARAMESHWAR, AGE:36 YEARS, R/O. CIB COLONY, KALABURAGI-585103. …PETITIONERS (BY SRI. MOGHA SUDHAKAR RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH PSI, HUMANABAD POLICE STATION, REPRESENTED BY ITS, ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH, KALABURAGI-585103. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3789 CRL.P No. 200734 of 2025 2. K. SUDHAKAR S/O K. ANKAYYA, AGE:51 YEARS, OCC: GENERAL MANAGER PUROGEON PVT. LTD., HUMANABAD, R/O. NELLORE NOW RESIDING AT, HUMANABAD INDUSTRIAL AREA, HUMANABAD-585330. …RESPONDENTS (BY VEERANAGOUDA MALIPATIL, HCGP FOR R1; SRI. KRUPA SAGAR PATIL , ADVOCATE FOR R2) THIS CRL.P IS FILED U/S. 528 OF BNSS,2023 PRAYING TO, QUASH THE IMPUGNED ORDER DATED 27.02.2025 AND 05.03.2025 FOR TAKING COGNIZANCE AND ISSUED SUMMONS AGAINST TO THE PETITIONER NOS.1 TO 3 IN C.C NO. 124/2025, PENDING BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, HUMNABAD IN CRIME NO.158/2024 OF HUMNABAD PS FOR THE OFFENCE U/SEC 115(2), 127(2), 308(2), 351(2), 352 R/W 3(5) OF BNS ACT 2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri.Mogha Sudhakar Rao, learned counsel for the petitioners, Sri. Veerangouda Malipatil, learned High - 3 - HC-KAR NC: 2025:KHC-K:3789 CRL.P No. 200734 of 2025 Court Government Pleader for respondent No.1/State and Sri. Krupa Sagar Patil, learned counsel for respondent No.2. 2. This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: “Therefore, it is prayed this Hon’ble Court may be pleased to quash the impugned order dated 27.02.2025 and 05.03.2025 for taking cognizance and issued summons against to the petitioners No.1 to 3 in C.C.No.124/2025 pending before the Hon’ble learned Principal Civil Judge, JMFC, Humanabad in Crime No.158/2024 Humanabad P.S. for the offence under Sections 115(2), 127(2), 308(2), 351(2), 352 read with Section 3(5) of BNS, Act, 2023, in the interest of justice.” 3. Facts in the nutshell for disposal of the present petition are as under: 3.1. A complaint came to be lodged by one K. Sudhakar S/o. K. Ankayya on 02.10.2024, which was registered in Crime No.158/2024 for the offences - 4 - HC-KAR NC: 2025:KHC-K:3789 CRL.P No. 200734 of 2025 punishable under Sections 115(2), 127(2), 3(5), 308(2), 351(2), 352 of Bharatiya Nyaya Sanhita (BNS), 2023. 3.2. Gist of the complaint averments would reveal that, there was a quarrel on 02.10.2024 at about 8.40 a.m. in respect of a water inundation on the previous night. When the complainant was supervising the factory premises at about 8.40 a.m., the petitioners herein approached the complainant and abused him in filthy language. At that juncture, petitioner Nos.1 and 2 abused the complainant again in the filthy language and held the shirt of the complainant and dragged him from the place where he was standing and took him to the shed situated in Priyanka Industries and confined him. 3.3. When he tried to seek help from his fellow workers and friends through mobile telephone, petitioners herein abused the complainant again in filthy language and snatched the mobile telephone of Realme 6I make. - 5 - HC-KAR NC: 2025:KHC-K:3789 CRL.P No. 200734 of 2025 3.4. At that juncture, petitioner No.3 pushed him by holding the neck of the complainant and when the complainant fell down, petitioner Nos.1 and 2 kicked on the abdomen. 3.5. Security Guard of the complainant company thereafter intimated the other workers namely, B.Raju, Devendra Kolla, Pol Reddy, Ambrish, Vijay Reddy, Shivasharana Reddy and others. All of them came to the factory premises of the petitioners and told them to open the main gate. But the petitioners did not open the main gate. 3.6. Left with no alternative, the friends of the complainant jumped the compound wall and tried to rescue the complainant. At that juncture, petitioner No.3 held the shirt of Devendra Kolla and he sustained blood injuries. Petitioner No.2 kicked K.Raju on the abdomen. Petitioner No.1 assaulted with a club. Later on, the quarrel was pacified and when the complainant was being rescued, all the petitioners gave them life threat. - 6 - HC-KAR NC: 2025:KHC-K:3789 CRL.P No. 200734 of 2025 4. Based on such complaint, police registered the case and after thorough investigation, filed the charge- sheet. Column No.17 of the charge-sheet would depict the collection of necessary material including the wound certificate in respect of Devendra Kolla and the spot mahazar, where the incident took place. 5. Learned Trial Magistrate thereafter took cognizance and is proceeding with the criminal case. Same is called in question in this petition. 6. Sri Mogha Sudhakar Rao, learned counsel for the petitioners, reiterating the grounds urged in the petition contended that a false case has been foisted against the petitioners and alleged voluntary statement is concocted statement and therefore pending criminal proceedings are to be quashed. 7. Per contra, Sri Veeranagouda Malipatil, learned High Court Government Pleader for respondent No.1 and Sri Krupa Sagar Patil, learned counsel for respondent No.2 - 7 - HC-KAR NC: 2025:KHC-K:3789 CRL.P No. 200734 of 2025 supported the registration of the FIR and continuation of the criminal case. 8. Sri Krupa Sagar Patil, learned counsel would further contend that the complainant was in his factory promises at the genesis of the crime and he has been dragged from his factory premises to the Priyanka Industries Factory premises and he was confined in the shed situated within the precincts of Priyanka Industries and the complainant has been assaulted. 9. The Mahazar makes it clear in respect of the acts attributable to the petitioners and therefore, prima facie material would make out a case to proceed against the petitioners for the aforesaid offences and sought for dismissal of the petition. 10. Having heard the arguments on both sides, this Court perused the material on record meticulously. - 8 - HC-KAR NC: 2025:KHC-K:3789 CRL.P No. 200734 of 2025 11. On such perusal of the material on record, it is crystal clear that there is an incident as is contended by the complainant and in such an incident, not only the complainant but also Devendra Kolla got hurt. 12. Seizure of the properties and the photographs taken at the time of panchanama prima facie depict the incident. 13. Further, the spot mahazar would make it clear that the incident has taken place within the precincts of Priyanka Industries belonging to the petitioners herein. The wound certificate issued by the doctor at Humnabad based on the MLC corroborates the case of the complainant. 14. Further, the charge-sheet material contains the statements given by the charge-sheet witnesses and also the voluntary statement given by petitioner No.1. - 9 - HC-KAR NC: 2025:KHC-K:3789 CRL.P No. 200734 of 2025 15. Whether at all such statements are true or not, and whether the voluntary statement is concocted statement cannot be decided by this Court at this stage by holding a mini trial. 16. At this stage, it is suffice to say that the material found in the charge-sheet are sufficient enough to proceed with the criminal case. 17. Accordingly, the following: ORDER (a) The Criminal Petition is dismissed; (b) In view of disposal of main petition, pending application, if any, does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE SVH/RSP List No.: 1 Sl No.: 28 CT:PK