- 1 - NC: 2025:KHC:6202 CRL.P NO.4162 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.4162 OF 2023 BETWEEN: 1. DHANUSH S/O BALAKRISHNA KATWE AGED ABOUT 22 YEARS, STUDENT, R/AT LABOUR COLONY, HARIHARA TOWN, DAVANAGERE DISTRICT - 577 601. 2. MARUTHI S/O THIPPESHAPPA AGED ABOUT 20 YEARS, STUDENT, R/AT MARKET ROAD, NEAR RICE MILL, MALEBENNUR, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530. 3. ANNAPPA S/O AJJAPPA AGED ABOUT 20 YEARS, STUDENT, R/AT BEERALINGESHWARA TEMPLE ROAD, KOMARANAHALLI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530. 4. PRAVEENACHARI S/O VEERABHADRACHARI AGED ABOUT 21 YEARS, STUDENT, R/AT MARATA GALLI, HARIHARA TOWN, DAVANAGERE DISTRICT - 577 530. Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:6202 CRL.P NO.4162 OF 2023 5. MANJUNATHA @ MANJU S/O VIRUPAKSHAPPA AGED ABOUT 20 YEARS STUDENT, R/AT ASHRAYA COLONY, MALEBENNUR, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530. 6. NAGESH S/O HARISH AGED ABOUT 21 YEARS STUDENT, R/AT 32A, GUTHURU COLONY, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530. 7. BHARATH RAJ @ BHARATH S/O KARIBASAPPA AGED ABOUT 21 YEARS STUDENT, R/AT K. BALLAGATTE VILLAGE, LAKSHISAGARA POST, CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 501. 8. DEEPAK S/O MANJANAGOWDA AGED ABOUT 21 YEARS STUDENT, R/AT NULUGERE VILLAGE, KELAGODU POST, HIEKERUR TALUK, HAVERI DISTRICT - 581 111. 9. SIDDESH S/O NARAYANAPPA AGED ABOUT 22 YEARS STUDENT, R/AT NANDIGUDI ROAD, BHANUVALLI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT - 577530. - 3 - NC: 2025:KHC:6202 CRL.P NO.4162 OF 2023 10. GANESH R B S/O RENUKASWAMY AGED ABOUT 22 YEARS STUDENT, R/AT 6TH CROSS, 4TH MAIN J.C. EXTENSION HARIHARA TOWN, DAVANAGERE DISTRICT - 577530. …PETITIONERS (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HARIHARA TOWN POLICE STATION DAVANAGERE DISTRICT, REP. BY STATE PUBLIC PROSECTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. NAJIYA UZMA D/O ATAULLA SAIT, AGED ABOUT 20 YEARS R/AT BANGLA BADAVANE HARIHARA TOWN, DAVANAGERE DISTRICT - 577 601. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; RESPONDENT NO.2 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.293/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 354 AND 504 READ WITH SECTION 149 OF THE INDIAN PENAL CODE PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC., HARIHARA, DAVANAGERE DISTRICT IN RESPECT OF THE PETITIONERS HEREIN IN THE INTERST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR - 4 - NC: 2025:KHC:6202 CRL.P NO.4162 OF 2023 ORAL ORDER In this petition, petitioners seek following relief: "Quash the entire proceedings in C.C. No.293/2023 for the offences punishable under Sections 143, 147, 323, 354 and 504 read with Section 149 of the Indian Penal Code pending on the file of the I Additional Civil Judge and JMFC., Harihara, Davanagere District in respect of the petitioners." 2. Heard learned counsel for petitioners and learned Additional State Public Prosecutor for the respondent No.1 and perused the material on record. 3. Respondent No.2-defacto complainant having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record comprising of complaint, F.I.R., charge sheet, statement of witnesses etc., will indicate that the necessary ingredients constituting offences punishable under Sections 143, 147, 323, 354 and 504 read with Section 149 of the Indian Penal Code are conspicuously absent in the aforesaid documents. In addition thereto, except for the self serving statement of the respondent No.2-defacto complainant, witnesses who are part of the charge sheet also do not corroborate - 5 - NC: 2025:KHC:6202 CRL.P NO.4162 OF 2023 or support the claim of the respondent No.2 and no specific overt act as against each of the petitioner-accused persons are forthcoming in the impugned charge sheet. Therefore, I am of the considered opinion that the continuation of impugned proceedings against the petitioners in the facts and circumstances of the instant case would amount to abuse of process of law warranting interference by this Court in the present petition. 5. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) The entire proceedings in C.C. No.293/2023 pending on the file of the I Additional Civil Judge and JMFC., Harihara, Davanagere District for the offences punishable under Sections 143, 147, 323, 354 and 504 read with Section 149 of the Indian Penal Code qua the petitioner-accused Nos.1 to 10 are hereby quashed. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 3