- 1 - NC: 2025:KHC:12161 WP No. 6825 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 6825 OF 2021 (GM-RES) BETWEEN: 1. SHRI. B. V. BYREGOWDA, S/O. SHRI. VENKATARAMANAPPA, AGED ABOUT 52 YEARS, RESIDENT OF THAMMEGOWDA EXTENSION, 6TH CROSS, HOSAKOTE TOWN, BANGALORE RURAL DIST BANGALORE-562 114. 2. MR.GOPI S/O. LATE H.T.SRINIVASA AGED ABOUT 50 YEARS, WARD NO.7, KAMMAWARI NAGAR, V. V. LAYOUT, HOSAKOTE, BANGALORE RURAL KARNATAKA - 562 114. 3. MR.MUNIRAJU, S/O. BYREGOWDA AGED ABOUT 44 YEARS, 'CHIKKARALAGERE, BEEDAGANAHALLI, HOSAKOTE BANGALORE RURAL KARNATAKA-562 114. 4. MR.GOPAL S/O. SHRI. BACHEGOWDA AGED ABOUT 43 YEARS, RESIDENT OF TG EXTENSION, HOSAKOTE TOWN, BANGALORE RURAL, BANGALORE - 562 114. …PETITIONERS (BY SMT. VANDANA P.L., ADVOCATE) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC:12161 WP No. 6825 of 2021 AND: 1 THE STATE OF KARNATAKA BY HOSAKOTE POLICE, HOSAKOTE TOWN, BANGALORE RURAL DIST REPRESENTED BY PUBLIC PROSECUTOR, CITY COURT COMPLEX, BANGALORE-560 001. 2 M. UMASHANKAR, DEPUTY SUPERINDENTS OF POLICE, HOSKOTE POLICE, BENGALURU RURAL CRICLE, BENGLAURU- 562114. …RESPONDENTS (BY SMT. YASHODHA, HCGP FOR RADVOCATE) ----- THIS W.P. IS FILED UNDER ARTICLES 226 & 227 FO THE CONSTITUTION ON INDIA READ WITH SECTION 482 OF CRIMINAL PROCEDURE CODE, 1976, PRAYING TO ISSUE AN ORDER OF WRIT QUASHING THE CHARGE SHEET CC/802/2021 ARISING OUT OF CRIME NO.043/2021 OF HOSKOTE POLICE STATION, BANGALORE RURAL DISRICT FOR ALLEGED OFFENCES PUNISHABLE UNDER 143, 147 AND SEC.332 R/W 149 OF IPC ARRANGING THE PRESENT PETITIONERS AS ACCUSED NO.1 TO 4 RESPECTIVELY PENDING ON THE FILE OF PRINCIPAL JUDGE (JR DN) AND JMFC COURT, HOSAKOTE BANGALORE RURAL DISTRICT ANNEXURE-C. THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA - 3 - NC: 2025:KHC:12161 WP No. 6825 of 2021 ORAL ORDER 1. The petitioners being accused Nos. 1 to 4 are seeking to quash the criminal proceedings initiated against them in Crime No.43 of 2021 of Hosakote Police Station, Bangalore Rural District, now pending in C.C. No.802 of 2021, on the file of the learned Principal Civil Judge (Jr.Dn), JMFC, Hosakote, Bangalore Rural District, for the offences punishable under Sections 143, 147, 332 and 149 of Indian Penal Code (for short ‘IPC’). 2. Brief facts of the case are that, DYSP filed the first information with Hosakote Police Station against accused Nos. 1 to 10 and others, alleging commission of offences punishable under Sections 143, 147, 353, 332, 323, 324 read with Section 149 of IPC. It is alleged that on 30.01.2021, a public function was arranged at Hosakote for laying the foundation for various development works by the Minister concerned. A group of people barged into the scene of occurrence, complaining that the local MLA was not invited to the function and therefore, they started shouting slogans - 4 - NC: 2025:KHC:12161 WP No. 6825 of 2021 and pushed the barricades, as a result of which, CWs-1, 28 and 29 – the police officials sustained injuries. It is stated that by the acts of the accused, they illegally prevented the police officials from discharging their duties and voluntarily prevented the public servants from discharging their duties. After investigations, charge sheet came to be filed for the offences under Sections 143, 147, 332 read with Section 149 of IPC, while dropping Sections 323, 324, 353 of IPC. The petitioners being accused Nos. 1 to 4 are before this Court seeking to quash the criminal proceedings initiated against them. 3. Heard Smt. Vandana P.L., learned counsel for the petitioners, Smt. Yashodha, learned High Court Government Pleader for respondent No.1, Sri.Nagraj Y., learned counsel for the respondent No.2. Perused the material on records. 4. Smt.Vandana P.L., learned counsel for the petitioners contended that an unfortunate incident had occurred, where there were large numbers of people gathered. Even according to the prosecution there were - 5 - NC: 2025:KHC:12161 WP No. 6825 of 2021 about 100 to 150 persons. Amongst them only 25-26 persons were named in the charge sheet. Even though initially, Sections 323, 324, 353 of IPC were invoked, while filing the charge sheet, the same were dropped and Section 332 of IPC is invoked. To invoke Section 332 of IPC, there must be an intention on the part of the accused to prevent or deter the public servant from discharging his duty. Even as per the charge sheet, the accused never had such an intention. They barged into the place while raising their grievance that the sitting MLA was not intimated for the function of laying foundation for various development programs. Incidentally the barricade fell and some of the police officials suffered simple injuries. Under such circumstances, the ingredients to invoke Section 332 of IPC is not at all available and therefore, it is his contention that the criminal proceedings initiated against the petitioners is liable to be quashed. 5. Initially, the FIR came to be registered on the basis of the first information lodged by the Police Officer - 6 - NC: 2025:KHC:12161 WP No. 6825 of 2021 against accused Nos.1 to 10 and against 100-150 other persons. The investigation was undertaken and the charge sheet came to be filed against 26 persons, including the petitioners. 6. It is the grievance of the petitioners that even though it is contended that there was a mob of 100- 150 people, who have committed the offences, there is no reason to file the charge sheet only against 26 persons, in which the petitioners are also included. It is pertinent to note that these petitioners are the main accused arraigned as accused Nos.1 to 4. It is pertinent to note that the names of the petitioners find a place in the First Information, which was filed at the first instance, immediately after the incident. The Investigating Officer while filing the charge sheet specifically states that the Government function with the presence of the Hon’ble Chief Minister was arranged. Since there was a political rift between the two groups, a group containing 100-150 and accused came to the spot raising slogans. They have pushed the barricades put up by the police forcibly, and - 7 - NC: 2025:KHC:12161 WP No. 6825 of 2021 they have entered the venue illegally. The charge sheet also discloses that accused, in spite of warning by the Police Officials, intervened in discharge of their official duty by breaking the barricades, which fell on the Police Officials. As a result of which, as many as 6 Police Officials have sustained injuries. The wound certificates pertaining to the injured Police Officials are produced along with the charge sheet. The specific overt act are alleged against accused No.1, who was leading the mob and accused Nos. 2 to 6, who have in fact committed the offences in question. Simply because other people were the members of the mob, it cannot be said that, they have committed the offences in question, which resulted in causing the injuries to the Police Officials. Mere non- filing of charge sheet against all 150 persons cannot be a ground for the petitioners to seek quashing of the criminal proceedings. 7. On perusal of the materials submitted along with the charge sheet by the Investigating Officer, there are prima facie materials to constitute the offences as - 8 - NC: 2025:KHC:12161 WP No. 6825 of 2021 alleged, it is not a fit case for quashing of the proceedings. Hence, I am of opinion that the petition is liable to be dismissed. Accordingly, I proceed to pass to following: ORDER The petition is dismissed. In view of dismissal of the petition, I.A.Nos.1 and 2 of 2021 also stand dismissed. Sd/- (M G UMA) JUDGE SPV-1-4/- VB-5 to till end CT:ANB/List No.: 19 Sl No.: 4