- 1 - NC: 2025:KHC:13924 WP No. 6150 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6150 OF 2024 (GM-RES) BETWEEN: 1. MR. KUMAR @ KUMAR REDDY S/O LATE MUNINARAYANAPPA AGED ABOUT 43 YEARS R/AT ASHWINI LAYOUT CHINTAMANI TOWN-563 125. …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. MOHAMMED MUBARAK, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHINTAMANI TOWN POLICE STATION CHINTAMANI-563 125 (REPRSENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA - 560001) 2. MR MURALI S/O TIPPANNA AGED ABOUT 46 YEARS MUNICIPAL COUNSELLOR R/AT AGRAHARA CHINTAMANI TOWN CHIKKABALLAPURA DISTRICT-563125. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND READ WITH Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13924 WP No. 6150 of 2024 SECTION 482 OF CRPC PRAYING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED IN SPL. S.C NO.145/2023 PENDING ON THE FILE OF HON'BLE 1ST ADDL. DIST. AND SESSIONS JUDGE CHIKKABALLAPURA FOR OFFENCES U/S 120-B, 307, 114, 324, 326, 201 R/W 34 OF IPC AND 3(2) (v) OF SC AND ST (POA) ACT 1989 WHICH IS ARISING OUT OF CRIME NO. 194/2023 OF CHINTAMANI TOWN POLICE STATION, AS AN ABUSE OF PROCESS OF LAW ORDER OF TAKING COGNIZANCE DTD 18.12.2023 AS PER ANNEXURE-B AND CHARGE SHEET AS PER ANNEXURE-C, SO FAR PETITIONER CONCERN ONLY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner (Accused No.4), who is stated to be prosecuted for offences punishable under Sections 120(B), 114, 324, 326, 307, and 201 read with Section 34 of the IPC, and Sections 3(1)(r), 3(2)(v), and 3(2)(va) of the SC & ST (POA) Act, 1989, is before this Court seeking relief. 2. The prosecution alleges that there is political enmity between the petitioner (Accused No.4) and CW2 (victim), who is also alleged to have been assaulted by Accused Nos.1 and 2. Accused No.1 is the bodyguard of Accused No.4. At the instigation of Accused Nos.1 to 3, on the date of the incident, CW2 was assaulted with deadly weapons, causing grievous injuries. However, the - 3 - NC: 2025:KHC:13924 WP No. 6150 of 2024 provisions of the SC & ST (POA) Act have been invoked solely on the ground that CW2 (the injured) belongs to a SC/ST community. 3. Heard, Sri Hashmath Pasha, learned Senior Counsel representing the petitioner’s counsel, and the learned High Court Government Pleader for Respondent No.1 – State. 4. A perusal of the charge sheet material indicates that there is no allegation sufficient to constitute the commission of an offence punishable under Sections 3(1)(r), 3(2)(v), and 3(2)(va) of the SC & ST (POA) Act, 1989, as alleged against Accused No.4 and the other accused. 5. The Hon’ble Supreme Court, in the case of Hitesh Verma v. State of Uttarakhand (2020) 10 SCC 710, ruled that an offence under the Act cannot be established merely on the basis that the informant is a member of a Scheduled Caste unless there is an intention to humiliate a member of a Scheduled Caste or Scheduled Tribe on account of their caste. It was further held that the finding that the appellant was aware of the caste of the informant is wholly inconsequential, as such knowledge does not preclude a person from protecting his rights through a procedure established by law. Therefore, in the - 4 - NC: 2025:KHC:13924 WP No. 6150 of 2024 absence of the essential elements to constitute the commission of offences punishable under the provisions of the SC & ST (POA) Act, the cognizance taken by the Special Court in relation to the said offences is impermissible and lacks authority. 6. Accordingly, the petition is allowed. The impugned order dated 18.12.2023 passed in Spl.SC No.145/2023 on the file of the learned Additional District and Sessions Judge, Chikkaballapura, taking cognizance of the offences punishable under Sections 120(B), 114, 324, 326, 307, and 201 read with Section 34 of the IPC, and Sections 3(1)(r), 3(2)(v), and 3(2)(va) of the SC & ST (POA) Act, 1989, is hereby quashed. 7. The Special Court is directed to transmit the file to the jurisdictional Session Court for trying the offences punishable under Sections 120(B), 114, 324, 326, 307, and 201 read with Section 34 of the IPC in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 41