- 1 - NC: 2025:KHC:12934 CRL.P No.4590 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.4590/2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. SRIKANTH B.V. S/O VENKATAPATHI AGED ABOUT 35 YEARS R/AT. B-6, C M C ROAD NEAR LAKSHMI COMPLEX YELAHANKA OLD TOWN BANGALORE NORTH BANGALORE - 560064. …PETITIONER (BY SRI. SUNIL KUMAR S, ADV.,) AND: 1. STATE BY YELAHANKA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560001. 2. MANJUNATH S/O MUNISWAMY AGED ABOUT 45 YEARS R/AT NO.64, 8TH CROSS RBI COLONY, PAPANNA BLOCK GANGANAGARA, BENGALURU - 560032. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12934 CRL.P No.4590 of 2023 (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI. GAVISIDDAPPA S, ADV., FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE FIR AND COMPLIANT IN CR.NO.365/2022 FOR THE OFFENCE P/U/S.506, 504, 323 OF IPC AND SEC.3(1)(r), 3(1)(s) OF THE SC/ST (POA) AMENDMENT ACT 2015 OF YELAHANKA P.S., PENDING ON THE FILE OF THE LEARNED LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-71). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Registration of FIR against the petitioner in Cr.No.365/2022 of Yelahanka Police Station, Bengaluru City, for offence punishable under Section 3(1)(r), 3(1)(s) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 and Section 506, 504 and 323 of IPC is called in question in this petition. 2. Complaint is lodged by respondent No.2 in respect of an incident which took place on 11.12.2022 at - 3 - NC: 2025:KHC:12934 CRL.P No.4590 of 2023 about 10.15-10.30 p.m. in front of the house of one Darshan, Marthahalli, Bengaluru City. 3. As per complaint averments, when the complainant questioned the petitioner who was dragging his bike which was parked in front of the house of one Darshan, petitioner abused him in filthy language taking reference to his caste and insulted him and also fisted on his face causing bleeding injuries to his nose etc. 4. It is contended by the learned counsel that, petitioner is a total stranger to the complainant and therefore, he had no knowledge about the caste of the petitioner and allegations against the petitioner that he has abused the complainant referring to his caste is false and without any basis. 5. The learned High Court Government Pleader would contend that the complainant showed his I.D. card and after seeing his I.D. card, the petitioner abused the complainant taking reference to his caste etc. She would - 4 - NC: 2025:KHC:12934 CRL.P No.4590 of 2023 also contend that the complainant has taken treatment for the injuries sustained by him and therefore, there is a prima facie case against him. 6. In reply, the learned counsel for petitioner has contended that in the I.D. card, caste of the complainant would not be mentioned and therefore, in the absence of any material to show that the complainant or his caste was known to the petitioner, then invoking the provisions under the SC/ST (Prevention of Atrocities) Amendment Act, 2015, is not sustainable. 7. There is some force in the arguments advanced by the learned counsel for the petitioner. However, investigation cannot be interfered with as it is the prerogative of the police to conduct investigation into the allegations made by the complainant and to file on appropriate report. The petitioner is at liberty to challenge the charge sheet, if any filed against him. Hence, the following: - 5 - NC: 2025:KHC:12934 CRL.P No.4590 of 2023 ORDER i. Petition is dismissed, reserving liberty to the petitioner to challenge the final report, if any filed against him. ii. I.A.No.2/2023 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 25