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2025 DAILYLAW 12618 (KAR)

MR UPENDRA v. STATE OF KARNATAKA

CRL.P/218/2025 · 2025-02-19

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7600 CRL.P No. 218 of 2025 C/W CRL.P No. 2132 of 2025 CRL.P No. 2266 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 218 OF 2025 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 2132 OF 2025 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 2266 OF 2025 (482(Cr.PC) / 528(BNSS) IN CRL.P No. 218/2025 BETWEEN: MR UPENDRA S/O MADDIREDDY AGED ABOUT 24 YEARS R/AT NADAMPALLI VILLAGE, BAGEPALLI TALUK, CHICKABALLAPUR - 561 212 …PETITIONER (BY SMT. KALPANA P.V.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY PATAPALYA POLICE STATION, REPT. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001. 2. ESHWARA REDDY N V S/O LATE CHINNA VENKATAREDDY AGED ABOUT 40 YEARS, R/AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR - 561 212 …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7600 CRL.P No. 218 of 2025 C/W CRL.P No. 2132 of 2025 CRL.P No. 2266 of 2025 SRI.A.K.SHREEHARSHA, ADVOCATE FOR R-2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONERS IN C.C.NO.549/2023 IN CR.NO.0037/2023 FILED BY THE RESPONDENTS FOR THE OFFENCE P/U/S 143, 147, 323, 324, 427, 354(B), 504, 149 OF IPC PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC BAGEPALLI, WHICH IS AT ANNEXURE C BY ALLOWING THIS PETITION. IN CRL.P NO. 2132/2025 BETWEEN: 1. ESHWARAREDDY S/O CHIKKAVENKATAREDDY, AGED ABOUT 42 YEARS, FARMER, R/O NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKBALLAPURA-561212. 2. MUNISWAMIREDDY S/O CHIKKAVENKATAREDDY, AGED ABOUT 57 YEARS, FARMER, R/O NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKBALLAPURA-561212. 3. BAYYAMMA W/O CHIKKAVENKATAREDDY, AGED ABOUT 77 YEARS, FARMER, R/O NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKBALLAPURA-561212. 4. SARASWATHAMMA W/O ESHWARAREDDY, AGED ABOUT 32 YEARS, FARMER, R/O NADAMPALLI VILLAGE, - 3 - NC: 2025:KHC:7600 CRL.P No. 218 of 2025 C/W CRL.P No. 2132 of 2025 CRL.P No. 2266 of 2025 BAGEPALLI TALUK CHICKBALLAPURA-561212. 5. SUNANDAMMA W/O MUNISWAMYREDDY, AGED ABOUT 42 YEARS, FARMER, R/O NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKBALLAPURA-561212. 6. MAMATHA W/O LATE BYREDDY, AGED ABOUT 42 YEARS, FARMER, R/O NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKBALLAPURA-561212. ...PETITIONERS (BY SRI. SREE HARSHA A.K.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY PATAPALYA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560001. 2. SMT. VENKATARAVANAMMA W/O LATE VENKATARAVANAPPA, AGED ABOUT 52 YEARS, FARMER, R/O NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKBALLAPURA-561212. ...RESPONDENTS (BY SRI THEJESH.P, HCGP FOR R-1, SRI.A.K.SHREEHARSHA, ADVOCATE FOR R-2) - 4 - NC: 2025:KHC:7600 CRL.P No. 218 of 2025 C/W CRL.P No. 2132 of 2025 CRL.P No. 2266 of 2025 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.623/2023 (CR.NO.38/2023 OF PATAPALYA P.S) WHICH IS PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND J.M.F.C BAGEPALLI FOR THE OFFENCE P/U/S 143,147,323,324,354(B),504,149 OF IPC WITH RESPECT OF THE PETITIONERS. IN CRL.P NO. 2266/2025 BETWEEN: 1. MADDIREDDY S/O PEDDA VENKATAREDDY AGED ABOUT 52 YEARS RESIDING AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR 561 212 2. ASHWATHAREDDY S/O PEDDA VENKATAREDDY AGED ABOUT 45 YEARS RESIDING AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR 561 212 3. ADINARAYANA REDDY S/O LATE VENKATARAMAREDDY AGED ABOUT 34 YEARS RESIDING AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR 561 212 4. VENKATARAVANAMMA W/O LATE VENKATARAMAREDDY AGED ABOUT 67 YEARS RESIDING AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR 561 212 - 5 - NC: 2025:KHC:7600 CRL.P No. 218 of 2025 C/W CRL.P No. 2132 of 2025 CRL.P No. 2266 of 2025 5. GEETHAMMA W/O ADINARAYANA REDDY AGED ABOUT 32 YEARS RESIDING AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR 561 212 6. MADHURAVATHI D/O LATE VENKATARAMAREDDY AGED ABOUT 40 YEARS RESIDING AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR 561 212 7. BHAGYAMMA W/O MADDIREDDY AGED ABOUT 45 YEARS RESIDING AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR 561 212 8. ESHWARAMMA W/O ASHWATHAREDDY AGED ABOUT 37 YEARS RESIDING AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR 561 212 ...PETITIONERS (BY SMT. KALPANA .P.V.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY PATAPALYA POLICE STATION, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 - 6 - NC: 2025:KHC:7600 CRL.P No. 218 of 2025 C/W CRL.P No. 2132 of 2025 CRL.P No. 2266 of 2025 2. ESHWARA REDDY N V S/O LATE CHINNA VENKATAREDDY, AGED ABOUT 40 YEARS, R/AT NADAMPALLI VILLAGE, BAGEPALLI TALUK CHICKABALLAPUR 561 212 ...RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1, SRI.A.K.SHREEHARSHA, ADVOCATE FOR R-2) THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CC.NO.549/2023 IN CR.NO.37/2023 FILED BY THE RESPONDENTS, FOR THE OFFENCE P/U/S 143,147,323,324,427,354(B),504,149 OF IPC, PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, BAGEPALLI, WHICH IS AT ANNEXURE-C BY ALLOWING THIS PETITION. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR COMMON ORAL ORDER These three petitions arise out of complaints and counter complaints given by both parties against one another and hence, they are taken up together for final disposal. 2. In Crl.P.No.218/2025, the petitioner seeks the following reliefs: “a. Quash the entire proceedings against petitioners in C C No. 549/2023 in Crime No. 0037/2023 filed by the respondents for the offence punishable under section 143, 147, 323, 324, 427, 354(B), 504, 149 of IPC pending on the - 7 - NC: 2025:KHC:7600 CRL.P No. 218 of 2025 C/W CRL.P No. 2132 of 2025 CRL.P No. 2266 of 2025 file of the Civil Judge A JMFC, Bagepalli, which is at Annexure C by allowing this petition. b. Issue any other order or direction as this court deems fit on the facts and circumstances of the case in the interest of justice and equity.” 3. In Crl.P.No.2132/2025, the petitioners seek the following reliefs: “a. Quash the entire proceedings in C.C.No.623/2023 (Crime No.38/2023 of Patapalya Police Station) which is pending on the file of the Learned Civil Judge and JMFC Bagepalli for the offences punishable U/s 143, 147, 323, 324, 354(B), 504, 149 of IPC, with respect of the petitioners. b. Pass any order/s as deems fit in the facts and circumstances of the case in the interest of justice.” 4. In Crl.P.No.2266/2025, the petitioners seek the following reliefs: “a. Quash the entire proceedings against petitioners in C.C.No.549/2023 in Crime No.0037/2023 filed by the respondents for offence punishable U/s 143, 147, 323, 324, 427, 354(B), 504, 149 of IPC pending on the file of the Civil Judge and JMFC, Bagepalli, which is Annexure C by allowing this petition. - 8 - NC: 2025:KHC:7600 CRL.P No. 218 of 2025 C/W CRL.P No. 2132 of 2025 CRL.P No. 2266 of 2025 b. Issue any other order or direction as this court deems fit in the facts and circumstances of the case in the interest of justice.” 5. Heard learned counsel for the petitioners in these petitions and learned HCGP counsel for the respondent and perused the material on record. 6. A perusal of the material on record in Crl.P.Nos.218/2025, 2132/2025 and 2266/2025 will indicate that the FIR, complaint, charge sheet, documents, statement of witnesses etc., do not make out commission of the alleged offences by any of the accused persons and consequently, the impugned proceedings deserve to be quashed. 7. In the result, I pass the following: ORDER (i) The petitions are allowed. (ii) In Crl.P.Nos.218/2025 and 2266/2025, the impugned criminal proceedings in C.C.No.549/2023 arising out of Crime No.37/2023 and in Crl.P.No.2132/2025, the impugned criminal proceedings in C.C.No.623/2023 arising out of Crime No.38/2023, - 9 - NC: 2025:KHC:7600 CRL.P No. 218 of 2025 C/W CRL.P No. 2132 of 2025 CRL.P No. 2266 of 2025 registered by respondent No.1 – Police, all pending before the Civil Judge and JMFC, Bagepalli, in so far as the petitioners in all the three petitions are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 6