- 1 - NC: 2025:KHC:7010 CRL.P No. 2809 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2809 OF 2022 BETWEEN: 1. HEMANTHA M.A., AGED ABOUT 38 YEARS, S/O LATE ANNEGOWDA, R/O MA KANNAHALLI VILLAGE, DODDA BELALU POST, PERIYAPATNA TALUK, MYSORE DISTRICT - 561 203 2. SUMA, AGED ABOUT 25 YEARS, D/O LATE SHIVAMALLAPPA, DATA OPERATOR, COMMUNITY HEALTH CENTRE, MUGUR, T. NARASIPURA TALUK, MYSORE DISTRICT - 571 124 …PETITIONERS (BY SRI. R. GEORGE LAZARUS, ADVOCATE) AND: 1. STATE BY TALAKADU POLICE STATION, T. NARASIPURA TALUK, MYOSRE DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI. BANGALORE - 560 001 2. DR. ABHILASH S.B., AGED ABOUT 42 YEARS, SURGEON AND ADMINISTRATIVE MEDICAL OFFICER, GOVERNMENT HOSPITAL (CHC), TALAKADU, T. NARASIPUR TALUK, Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7010 CRL.P No. 2809 of 2022 MYSORE DISTRICT - 571 122. …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1 R2 - SD - U/R) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS CULMINATED IN CRIME NO. 72/2021 ON THE FILE OF TALAKADU POLICE STATION REGISTERED AT THE INSTANCE OF 2ND RESPONDENT FOR THE OFFICES PUNISHABLE UNDER SECTION 504, 114, 34 OF IPC 1860, THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 (U/S 3 (1)(R) PENDING ON THE FILE OF THE VI ADDL. DISTRICT AND SPECIAL JUDGE, MYSORE UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. 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 The petitioners being accused Nos. 1 and 2 in Crime No.72/2021 of Talakadu Police Station, registered for the offences punishable under Sections 504, 114, 34 of Indian Penal Code (for short 'the IPC') and under Section 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') now pending before the learned VI Additional District and Sessions Court and Special Judge, Mysore, are seeking to quash the criminal proceedings initiated against them. - 3 - NC: 2025:KHC:7010 CRL.P No. 2809 of 2022 2. Brief facts of the case are that, respondent No.2 as informant filed the first information with Talakadu Police against the petitioners alleging commission of the aforesaid offences. It is alleged that accused No.1 is a contract employee and accused No.2 is working as a Data Operator in Muguru Primary Health Centre. They had conversation over phone referring to the informant by referring to his caste and abusing him in filthy language and thereby, they have intentionally insulted the informant who is the member of scheduled caste and committed the offence under Section 3(1)(r) of SC/ST Act, and also committed offence under the provisions of IPC. Hence, petitioners being accused Nos.1 and 2 are before this Court, seeking to quash the criminal proceedings initiated against them. 3. Heard Sri R.George Lazarus, learned counsel for the petitioners and Smt.K.P.Yashodha, learned High Court Government Pleader for respondent No.1. Perused the materials on record. - 4 - NC: 2025:KHC:7010 CRL.P No. 2809 of 2022 4. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in the 'Affirmative' for the following: REASONS 5. The first informant who is working as surgeon in Talakadu Primary Health Centre, filed the first information with Talakadu Police against accused Nos.1 and 2 complaining that they had conversation over phone and they were referring to the caste of the complainant. They abused him in filthy language, and thereby committed the offence under Section 3(1)(r) of SC/ST Act. This provision of law specifically refers to intentional insult against the member of a Schedule caste or scheduled Tribe with an intention to humiliate him, in any place within public view. It is admitted that the petitioners are not members of Scheduled Caste or Scheduled Tribe. Admittedly, the incident referred by the informant was not within the public - 5 - NC: 2025:KHC:7010 CRL.P No. 2809 of 2022 view. But it was a private conversation between them over phone. 6. Learned High Court Government Pleader submits that the audio clipping of the recorded conversation was forwarded by accused Nos.1 and 2 to the complainant but there is no such allegation made in the complaint. But, it is stated that such audio record was received by the complainant. It is not stated that the petitioners are responsible for recording conversation and forwarding the same to the complainant deliberately with an intention to humiliate the complainant who belongs to the scheduled caste. Even though, the entire transcription of the conversation is produced before the Court, there is no reference to the name of the complainant nor there is reference to his caste. 7. Under the above circumstances, none of the offences alleged either under the provisions of IPC or under the special enactment could be attracted. Therefore, I am of the opinion that initiation of the criminal proceedings against the petitioners is in abuse of process of law and hence the same is - 6 - NC: 2025:KHC:7010 CRL.P No. 2809 of 2022 liable to be quashed. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The criminal proceedings initiated against the petitioners in Crime No. 72 of 2021 of Talakadu Police Station, pending on the file of the learned VI Additional District and Sessions Court, Mysore, for the offences punishable under Sections 504, 114, 34 of IPC and under Section 3(1)(r) of SC/ST Act, is hereby quashed. In view of the disposal of main petition, I.A.1 of 2023 filed for vacating stay stands disposed off. Sd/- (M G UMA) JUDGE MKM List No.: 2 Sl No.: 21