- 1 - NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 7512 OF 2025 (GM-RES) C/W CRIMINAL PETITION NO. 14073 OF 2024 IN WP No. 7512/2025 BETWEEN: 1. GANESH SHETTY S/O. VASANTHA SHETTY AGED ABOUT 40 YEARS R/AT. BILLADI MANE, JANUVARKATTE, BIOLADDI VILLAGE, BRAMHAVARA TALUK UDUPI-576 213. 2. VIKYAT KUMAR SHETTY S/O. SUDHAKAR SHETTY AGED ABOUT 52 YEARS, R/AT. VIMALA SUDHA SOUDHA MANDARTHI HEGGUNJE VILLAGE, BRAMHAVARA UDUPI-576 213. 3. BHASKAR HEGDE LATE BHUJANGA SHETTY AGED ABOUT 77 YEARS, R/AT. NO.2-122/1, MDAKKI VILLAGE, HEBRI TALUK, UDUPI-576 213. (NOT CLAIMING SENIOR CITIZENSHIP) 4. PRAKASHCHANDRA HEGDE S/O. LATE KRISHNAYYA HEGDE AGED ABOUT 67 YEARS, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 R/AT. NO. 1-593/A1, SUPRABHATA IN FRONT OF SMS PU COLLAGE, BRAMHAVARA TALUK, UDUPI-576213. 5. BALAKRISHNA HEGDE S/O. MUTTAYYA SHETTY AGED ABOUT 54 YEARS, R/AT. 3-83(3) SANNIDHI ADHARSHANAGARA, HARADI ROAD, VARAMBALLI VILLAGE, BRAMHAVARA TALUK, UDUPI-576213. …PETITIONERS (BY SRI. GIRISH R, ADVOCATE FOR SRI. BIPIN HEGDE., ADVOCATE) AND: 1. STATE BY KOTA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. 2. SHANKAR SHETTY S/O. KARIYANNA SHETTY AGED ABOUT 68 YEARS R/AT. BILLADI MANE JANUVARAKATTE POST, BILLADI VILLAGE, BRAMHAVARA TALUK, UDUPI-576 213. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; MS. SWATI G HEGE, ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 302/2025 FOR OFFENCES PUNISHABLE UNDER SECTION 189 (2), 191(2), 191(2), 352, 351(2), 115(2) THE BHARATIYA NYAYA SANHITA (BNS) 2023 PENDING ON THE FILE OF 1ST ADDITIONAL CIVIL JUDGE (Jr. Dn) AND JMFC, UDUPI, REGISTERED BY THE R-1 - 3 - NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 KOTA POLICE STATION IN SO FAR AS PETITIONER IS CONCERNED VIDE ANNX-A IN THE INTEREST OF JUSTICE. IN CRL.P NO. 14073/2024 BETWEEN: 1. SHANKAR SHETTY AGED ABOUT 68 YEARS S/O KARIYANNA SHETTY R/AT. BILLADI VILLAGE JANUVARAKATEE POST BRAHMAVARA TALUK UDUPI-576 223. 2. SANDESH KUMAR SHETTY AGED ABOUT 36 YEARS S/O SHANKAR SHETTY R/AT NO.271/3, MOODUBARALI HEGGUNJE, MANDARTHI POST UDUPI-576 223. 3. SUDESH KUMAR AGED ABOUT 34 YEARS S/O SHANKAR SHETTY R/AT. MOODUBARALI BARALI, HEGGUNJE MANDARTHI POST UDUPI-576 223. 4. ABHISHEK SHETTY AGED ABOUT 35 YEARS S/O HARSHAVARDHAN R/AT 2-172A, TALUK KUNDAPURA TALUK UDUPI-576 230. ...PETITIONERS (BY MS. SWATI G HEGE, ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY, ADVOCATE) - 4 - NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 AND: 1. STATE OF KARNATAKA BY ITS KOTA POLICE STATION UDUPI DISTSRICT REP BY HIGH COURT SPP BENGALURU-560 001. 2. VIKHYAT SHETTY AGED ABOUT 52 YEARS S/O SUDHAKAR SHETTY R/AT. VIMALA SUDHA SOUDHA HEGGUNJE VILLAGE BRAHMAVARA TALUK UDUPI DISTRICT-576 230. ...RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. GIRISH R, ADVOCATE FOR SRI. BIPIN HEGDE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.0218/2024 REGISTERED BY THE KOTA POLICE STATION ON THE PENDING FILE OF THE COURT OF 1ST ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, UDUPI DISTRICT, UDUPI AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 352, 351(2), 115(2), 126(2), 3(5) OF BNS, 2023 PRODUCED HEREWITH AS DOCUMENT NO.1. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Crl.P No.7512/2025: 1. The petitioners, who have been charge sheeted for offences punishable under Sections 189(2), 191(2), - 5 - NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 190, 352, 351(2), and 115(2) of the BNS Act, 2023, are before this Court seeking relief. 2. The prosecution alleges that the complainant is the head of Billadi House, Parvati Shedthi Kavarina Manikallu Sri Arbhaka Dharakeshwari Temple. It is further stated that every month, on the day of the Sankranti festival, worship and darshan of the deity are held. On 17.10.2024, at approximately 10:30 a.m., while the complainant, along with his son-in-law, was at the temple to conduct a pooja and darshan, the accused entered the temple office, abused the complainant in vulgar language, threatened him with dire consequences, and assaulted him. 3. In a separate petition Crl.P. No.14073/2024 the petitioners, who have been charge sheeted for offences punishable under Sections 352, 351(2), 115(2), 126(2), and 3(5) of the BNS Act, 2023, are before this Court seeking relief. 4. The respondent No. 2 lodged an FIR stating that Shri Abbakka Dharakeshwari Devasthana is managed by his mother, brother, and one Sri Jayaram Shetty, and that after his retirement, the management of the temple was handed over to the family members of the complainant. It is alleged that on 17.10.2024, while performing a pooja on - 6 - NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 the occasion of Sankranti, the accused wrongfully restrained the complainant, abused him in vulgar language, and assaulted him. 5. The learned counsel for the parties was heard. 6. The dispute between the parties relates to the management and performance of the pooja at Manikallu Arbhaka Dharakeshwari Temple. The incident in these petitions occurred when both parties were attempting to conduct a pooja at the temple, which resulted in a quarrel during which both sides abused each other in vulgar language. It is noted that the parties have a pending suit in relation to this dispute, and no significant injuries were sustained by either party. 7. The allegations in the FIR, which arise from a dispute over temple management and the conduct of the pooja, appear to have been given a criminal hue with a vengeance-driven intent. In these circumstances, the continuation of the investigation or criminal proceedings against the petitioners would amount to an abuse of the process of law. 8. Accordingly, the petitions are allowed. - 7 - NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 For Crl.P. No. 7512/2025: The impugned proceedings in CC No. 302/2025, pending on the file of the learned I Additional Civil Judge (Jr. Dn.) and JMFC, Udupi, are hereby quashed. For Crl.P. No. 14073/2024: The impugned FIR in Crime No. 0218/2024, registered by the Kota Police Station and pending on the file of the learned I Additional Civil Judge (Jr. Dn.) and JMFC Court, Udupi District, Udupi, is hereby quashed. 9. In view of the disposal of these petitions, all pending interim applications do not survive for further consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 105