- 1 - HC-KAR NC: 2025:KHC:22083 CRL.P No. 2202 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2202 OF 2025 BETWEEN: 1. RAMASWAMY @ K. RAMASWAMY, S/O., LATE KUNJUPATTAR, AGED ABOUT 69 YEARS, NO. 169-13/B1, LACHATHOPPU, PATTUKKOTTAI, THANJAVUR, TAMIL NADU - 614 602. 2. VAIDYANATHAN RAMALINGAM, S/O. LATE RAMALINGAM, AGED ABOUT 57 YEARS, NO. 302, 6TH MAIN ROAD, M.S.RAMAIAH CITY, J.P.NAGAR 8TH PHASE, BANGALORE, KARNATAKA - 560 076. 3. SANTOSH VAIDYANATHAN, S/O. VAIDYANATHAN RAMALINGAM, AGED ABOUT 23 YEARS, NO. 302, 6TH MAIN ROAD, M.S.RAMAIAH CITY, J.P.NAGAR, 8TH PHASE, BANGALORE, KARNATAKA - 560 076. 4. RITHESH VAIDYANATHAN, S/O. VAIDYANATHAN RAMALINGAM, AGED ABOUT 21 YEARS, NO. 302, 6TH MAIN ROAD, M.S.RAMAIAH CITY, J.P.NAGAR, 8TH PHASE, BANGALORE, KARNATAKA - 560 076. …PETITIONERS (BY SRI. A. VIJAY KUMAR, ADVOCATE) Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22083 CRL.P No. 2202 of 2025 AND: 1. STATE OF KARNATAKA BY ADUGODI POLICE STATION. MADIVALA SUB-DIVISION, BENGALURU CITY REPRESENTED BY. SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. SHAILAJA M AGED ABOUT 49 YEARS, W/O. SHASHIKUMAR A.R, NO.175, 1ST FLOOR, 18TH CROSS, 10TH MAIN, LAKKSANDRA EXTENSION, BANGALORE - 560 030. …RESPONDENTS (BY SRI. NAGESHWARAPPA K, HCGP FOR R1; R2 IS SERVED AND 4 UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.37520/2024 REGISTERED FOR THE OFFENCE P/U/S 329(4), 351(2), 352, 77, 3(5) OF THE BNS, 2023 FILED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONERS, WHICH IS PENDING ON THE FILE OF THE LRD. 39TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:22083 CRL.P No. 2202 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "i. Quash the entire charge sheet in C.C.No.37520 of 2024 registered for the offence punishable under Sections U/s.329(4), 351(2), 352, 77, 3(5) of the Bharatiya Nyaya Sanhita, 2023, filed by the 1st respondent police against the petitioners, which is pending on the file of the learned 39th Additional Chief Metropolitan Magistrate, Bangalore. ii. Pass such other orders as this Hon'ble Court deems to fit in the circumstances of the case, in the interest of justice and equity." 2. Heard the learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. 3. Respondent No.2, having been served with notice of this petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that respondent No.2-defacto complainant was a landlord of premises bearing No.175, 18th Cross, 10th Main, Lakkasandra Extension, Bengaluru City and she was residing in the first floor of the said premises and had leased out the ground floor - 4 - HC-KAR NC: 2025:KHC:22083 CRL.P No. 2202 of 2025 portion in favour of one Punniyamoorthy S/o.Ramaswamy. The respondent No.2 filed a complaint against the aforesaid Punniyamoorthy/accused No.1, which is registered as an FIR in Crime No.140/2024 dated 09.07.2024 pursuant to which, investigation was conducted, charge sheet was filed and proceedings in C.C.No.37520/2024 are pending before the trial Court. 5. The undisputed material on record will indicate that the petitioners/accused Nos.2 to 5 were not original arraigned as accused in the FIR, but they were subsequently arraigned as accused Nos.2 to 5 in the impugned charge sheet. It is also matter of record that the petitioner No.1/accused No.2 is the father of accused No.1 while petitioner No.2/accused No.3 is the student of petitioner No.1 and petitioner Nos.3 and 4 are the children of petitioner No.2/accused No.3. In this context, apart from the fact that the original complaint did not contain any allegation whatsoever against the petitioners herein, a perusal of the complaint, FIR, charge sheet material, statement of witnesses and documents etc., will clearly indicate that the commission of the alleged offences by the petitioners are not forthcoming and the same are conspicuously absent. It is - 5 - HC-KAR NC: 2025:KHC:22083 CRL.P No. 2202 of 2025 pertinent to note that accused No.1 was a tenant under respondent No.2/defacto complainant in relation to the ground floor portion of the aforesaid premises and in addition to filing the impugned complaint against the tenant/accused No.1, respondent No.2 has unnecessarily dragged the petitioners into the impugned proceedings. Under these circumstances, I am of the considered opinion the continuation of the impugned proceedings qua the petitioners would amount to abuse of process of law warranting interference in the present petition. 6. In the result, I pass the following:- ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings in C.C.No.37520/2024 pending on the file of the 39th Additional Chief Metropolitan Magistrate, Bangalore, qua the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 3 Sl No.: 19 CT: BHK