- 1 - NC: 2025:KHC:1130 CRL.P No. 5610 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 5610 OF 2018 BETWEEN: 1. SUBASH CHANDER S/O K.P. KUTTAN AGED ABOUT 57 YEARS, R/AT NO.14, B. SURAJ, 10TH MAIN, 6TH CROSS, MARUTHI NAGAR, NEW THIPPASANDRA POST, BENGALURU - 560 075 2. T. BHARGAVAN S/O V NARAYAN AGED ABOUT 70 YEARS, NO.192, 3RD CROSS, ANNASANDRAPALYA, VIMANAPURA POST, BENGALURU - 560 017 3. RAJU S/O SANGURU, AGED ABOUT 48 YEARS, R/AT 4, 9TH CROSS, ANNAPALYA, BENGALURU - 560 030 4. SATHYAN S/O JANARDHANAN AGED ABOUT 52 YEARS, R/AT NO.423, MINI HOUSE, NEAR ST.JOSEPH, VIRATNAGAR BOMMANAHALLI, BENGALURU - 560 068 …PETITIONERS (BY SRI. PRASANNA D.P., ADVOCATE) Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:1130 CRL.P No. 5610 of 2018 AND: 1. THE STATE OF KARNATAKA BY AVALAHALLI POLICE BENGALURU, REP. BY S.P.P HIGH COURT COMPLEX, BENGALURU - 560 001 2. REJI MATHEW S/O K.J. MATHEW, AGED ABOUT 48 YEARS, SRI NARYANA MUTT SHIVAGIRI TOWNSHIP, RESIDENTIAL/SITES OWNERS WELFARE ASSOCIATION, BYAPPNAHALLI, BIDRAHALLI HOBLI, BENGALURU EAST TALUK & HOSKOTE TALUK, BENGALURU - 560 049 …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1 SRI. C.V. SIJU, ADVOCATE FOR R2 (AB)) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.5163/2017, ON THE FILE OF THE 1ST ADDITIONAL CJM, BANGALORE AS PER ANNEXURE-A. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Petitioners being accused Nos.1 to 4 in Cr.No.186/2014 of Avalahally police station arising out of PCR No.37/2014 now pending in CC No.5163/2017 on the file of the learned First - 3 - NC: 2025:KHC:1130 CRL.P No. 5610 of 2018 Additional CJM, Bengaluru, for the offence under Sections 420, 448, 426 506B of Indian Penal Code (for short 'the IPC'), are seeking to quash the criminal proceedings initiated against them. 2. Brief facts of the case are that, respondent No.2 as complainant filed PCR No.37/2014 against the petitioner alleging commission of offence punishable under Sections 420, 448, 426 506B of IPC. The learned Magistrate referred the matter for investigation, upon which, Avalahally police registered the Cr.No.186/2014 and took up investigation. It is stated that the Investigating Officer filed B-report stating that there was an earlier incident that had occurred on 06.08.2013 and in respect of which, Cr.No.235/2013 came to be registered by Avalahally police station for the offences punishable under Sections 506, 143, 144, 147, 148, 324, 354 R/w 149 of IPC. Now similar allegations are made for the purpose of filing second complaint based on the wound certificate pertaining to the first complaint. Therefore, it is stated that 2nd complaint was filed under misconception. However, protest petition was filed by the complainant before the learned Magistrate. The leaned Magistrate took cognizance of the offence as per order - 4 - NC: 2025:KHC:1130 CRL.P No. 5610 of 2018 dated 13.06.2017. Being aggrieved by the same, petitioners are before this Court seeking to quash the criminal proceedings. 3. Heard Sri.Prasanna D.P., learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court Government pleader for respondent No.1. Learned counsel for respondent No.2 remained absent and he has not addressed his arguments. Hence, his arguments is taken as nil. Perused the materials on record. 4. In view of the contentions urged by the learned counsel for the respondents, and on going through the materials on record, the point that would arise for my consideration is: “Whether the Petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the ‘affirmative' for the following: - 5 - NC: 2025:KHC:1130 CRL.P No. 5610 of 2018 R E A S O N S 5. Respondent No.2 has filed the private complaint before the Trial Court against accused Nos.1 to 4 for the above said offences alleging that he has purchased the property from the accused and thereafter accused started to act detrimentally to the interest of the complainant, who is the owner of the site. It is alleged that the accused in collusion with rowdy elements, assaulted him. In respect of the above said incident, a complaint was filed with the jurisdictional police. But they have not initiated any action. There is life threat to the complainant and his family members. It is stated that on 15.08.2013, the accused have came along with goonda elements, trespassed into the house of the complainant for the second time, threatened the complainant and his family members and also assaulted him causing injuries. They threatened the complainant and his family members to cause their death. Therefore, he requested the Trial Court to take cognizance of the offences. The matter was referred to the police under Section 156 (3) to investigate into the matter. The police filed B-report. Upon consideration of the protest petition, learned Magistrate took cognizance of the offence and registered CC - 6 - NC: 2025:KHC:1130 CRL.P No. 5610 of 2018 No.5163/2017. The petitioners being accused Nos.1 to 4 are before this Court seeking to quash the criminal proceedings. 6. Perusal of the materials on record discloses that initially, a similar complaint was filed with Avalahally police, which is registered in Cr.No.235/2013 with regard to the incident that had occurred on 06.08.2013. It is stated by the learned counsel for the petitioner that the charge sheet was filed in respect of the same, against accused Nos.1 to 4, the trial was held against accused Nos.2 to 4, and they were acquitted vide judgment dated 05.09.2017. The wound certificate was marked in the said case. The very same wound certificates were made use of by the complainant in the present case. The wound certificates referred to by the learned counsel for the petitioner is dated 13.08.2013, issued by Bowring and Lady curzon Hospitals, MLC 28/2013, according to which, the date of incident is 06.08.2013. Therefore, it is the contention of the learned counsel for the petitioner that by making use of very same wound certificate, a private complaint came to be filed before the Trial Court without referring to registration of Cr.No.235/2013, filing of the charge sheet, holding of the trial and acquittal of the accused. In the B-report, the Investigating - 7 - NC: 2025:KHC:1130 CRL.P No. 5610 of 2018 Officer refers to the incident dated 06.08.2013 and states that by misconception, second complaint came to be filed. This aspect of the matter is never considered by the learned Magistrate in the order taking cognizance, while rejecting the B-report. Learned Magistrate has not referred to the first complaint registered in Cr No.235/2013 nor there is any explanation about the findings recorded by the Investigating Officer in that regard. Learned counsel for respondent No.2 also remained absent and hence there is no explanation or any clarification. Learned High Court Government Pleader submits that the Investigating Officer after investigation filed the B- report, which was rejected by the learned Magistrate. Under these circumstances, I do not find any substances in the complaint filed by the complainant as already there was a criminal case registered in respect of the offence committed on 06.08.2013, which was enquired into in Cr.No.235/2013 of Avalahally police station. Learned counsel for the petitioner contends that accused Nos.2 to 6 are already acquitted in the said case. Under the circumstances, I am of the opinion that continuation of the criminal proceedings in the present case is in abuse of process of law and the same is liable to be quashed. - 8 - NC: 2025:KHC:1130 CRL.P No. 5610 of 2018 7. Accordingly, I answer the above point in the Affirmative and proceed to pass the following: ORDER (i) The petition is allowed. (ii) The FIR registered against the petitioners in Cr.No.186/2014 of Avalahally police station for the offence under Sections 420, 448, 426 506B of IPC arising out of PCR No.37/2014 now pending in CC No.5163/2017 on the file of the learned First Additional CJM, Bengaluru is hereby quashed. Sd/- (M G UMA) JUDGE BH List No.: 1 Sl No.: 23