- 1 - NC: 2025:KHC:13047 CRL.P No. 525 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 525 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT. POORNIMA NELAGALI D/O SURYAKANTH NELAGALI, AGED ABOUT 40 YEARS OLD, AEE PWD, HIGH COURT OF KARNATAKA, SUB DEVISION, BENGALURU CITY, BENGALURU, KARNATAKA -560 001. …PETITIONER (BY SRI. S.S. NAGARALE, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY VIDHANA SOUDHA P.S BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU- 560 001. 2. MANJUNATH B S/O BHIMARAO AGED ABOUT 36 YEARS OLD NO.305, 5TH CROSS ROAD, NEAR ASHWATH KATTE, KURUBARAHALLI, BENGALURU CITY KARNATAKA - 560 086 …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.5/2025 REGISTERED FOR Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13047 CRL.P No. 525 of 2025 THE ALLEGED OFFENCE P/U/S 3(1)(r) OF SC/ST (POA) ACT, 1989 AGAINST THE PETITIONER PENDING ON THE FILE OF THE CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT, BENGALURU CITY (CCH- 71) REGISTERED BY THE RESPONDENT NO.1 POLICE STATION (VIDHANA SOUDHA P.S.,) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the registration of the First Information Report (FIR) for the offence punishable under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘Act, 1989’). 2. The second respondent lodged the FIR, stating that he had approached the petitioner at her office located in the Hon’ble High Court of Karnataka to convey New Year greetings. Upon seeing the informant, the petitioner allegedly remarked, “I see your face at the beginning of this New Year,” expressing frustration and rejecting the sweets offered by the second respondent. It is alleged that the petitioner adopted a discriminatory attitude solely based on the respondent’s caste. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the first respondent-State. 4. The second respondent, though served with notice, has not chosen to appear in person or through counsel and has been placed ex-parte. - 3 - NC: 2025:KHC:13047 CRL.P No. 525 of 2025 5. To constitute an offence under Section 3(1)(r) of the Act, 1989, it is required that a person, not being a member of a Scheduled Caste or a Scheduled Tribe, intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view. In the instant case, there is no allegation that the petitioner, fully aware that the second respondent belongs to the SC/ST community, intentionally insulted him so as to constitute the commission of an offence under Section 3(1)(r) of the Act, 1989. In the absence of essential elements to constitute the alleged offence, the continuation of the investigation would be an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned FIR in Crime No.05/2025 registered by the first respondent— Vidhana Soudha Police Station—pending before the learned City Civil and Sessions Judge, City Civil Court, Bengaluru City (CCH 71), is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 22