- 1 - NC: 2025:KHC:5904 CRL.P No. 3992 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3992 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SAMEER RAGHAVENDRA RAO INAMDAR AGED ABOUT 36 YEARS S/O LATE RAGHAVENDRA RAO R/AT NO 18/9, 21ST MAIN SRINAGASRA, BSK 1ST STAGE BENGAURU 560085. …PETITIONER (BY SRI. CHANDAN SANJAY BHAT, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HANUMANTHANAGAR POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA BANGALORE – 560 001. 2. RAJSHEKAR JAPANUR S/O BASAVARAJ BHEEM ARMY BHARAT EKATA MISSION, KARNATAKA BASVANAGUDI TLAUK SAMITHI - PRESIDENT POST BOX NUMBER 5027 BANASHANKARI BENGALURU 560 004. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 R-2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.286/2023 REGISTERED BY HANUMANTHNAGAR Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5904 CRL.P No. 3992 of 2024 POLICE STATION AND CHARGE SHEET DATED 15.01.2024 IN SPL.C.NO.141/2024 PENDING CONSIDERATION ON THE FILE OF THE LEARNED LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU (CCH-71) VIDE ANNEXURE C. I THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: (i) Call for records in SPL C 141/2024 pendign consideration on the file of Learned LXX ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU (CCH-71). (ii) Quash; the FIR in Criem No.0286/2023 registered by Hanumanthnagar Police Station, and charge sheet dated 15/01/2024 in SPL C 141/2024 pending consideration on the file of LEARNED LXX ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU (CCH-71) vide (Annexure-C). (iii) Pass such other order/s as this Hon’ble Court may deem fit, in the facts and circumstances of this case, in the interest of justice. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. - 3 - NC: 2025:KHC:5904 CRL.P No. 3992 of 2024 3. Respondent No.2 – complainant having been served with notice of this petition, he has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that respondent No.2 filed the impugned complaint alleging that on the mid-night of 17.11.2023, the petitioner committed the offences punishable under Section 427 of IPC and Sections 3(1)(t) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015, by removing flex banners / posters of Professor B. Krishnappa, Dr. B.R. Ambedkar and KansiRamji put up on the occasion of Karnataka Rajyothsava near Vidyapeetha Circle, Bengaluru, thereby committed the offences punishable 427 of IPC and Sections 3(1)(t) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015. In pursuance of the said complaint, the proceedings in Spl.C.No.141/2024 is pending before the Special Court, Bengaluru. 5. A perusal of the material on record comprising of complaint, FIR, charge sheet, statement of witnesses, documents etc., is sufficient to come to the conclusion that none of the ingredients constituting offences punishable under Section 427 of - 4 - NC: 2025:KHC:5904 CRL.P No. 3992 of 2024 IPC and Sections 3(1)(t) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015 have been made out by respondent No.1 – prosecution and consequently, in the absence of necessary ingredients in this regard, continuation of the impugned proceedings for the alleged offences 427 of IPC and Sections 3(1)(t) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2015, would not arise in the facts and circumstances of the instant case. It is pertinent to note that even according to the prosecution, the alleged incident is said to have taken place at mid-night without there being any public view and there is no corroborative material in this regard to establish the alleged offences against the petitioner. So also, apart from the fact that there is delay of two days in registering FIR and there are no eye witnesses to the incident, neither the Test Identification Parade is conducted before registering FIR for the incriminating offences against the petitioner. 6. In view of the aforesaid facts and circumstances, in the absence of necessary ingredients constituting the aforesaid offences, continuation of proceedings against the petitioner would - 5 - NC: 2025:KHC:5904 CRL.P No. 3992 of 2024 tantamount to abuse of process of law and the same deserves to be quashed. 7. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned criminal proceedings Spl.C.No.141/2024, arising out of Crime No.286/2023 registered by respondent No.1-Police, pending on the file of the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71), in so far as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 39