Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17820 CRL.P No. 5909 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5909 OF 2025 BETWEEN:
VENKATESHALU K, S/O LATE B. KRISHNAPPA, AGED ABOUT 56 YEARS, R/AT NO. 6, 4TH B CROSS, NEAR VINAYAKA TEMPLE VINAYAKANAGAR, KAMAKSHIPALYA, MAGADI MAIN ROAD, BASAVESHWARANAGARA, BENGALURU - 560 079. …PETITIONER (BY SRI. MANJUNATH M.R, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY TAVAREKERE P.S., RAMANAGARA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
2.
SRI. RAVEENDRA KUMAR NAYAK, S/O RAMANAYAKA. L.R, AGED ABOUT 58 YEARS, R/AT NO.31, 3RD CROSS, SHANKARAPPA GARDEN, MAGADI MAIN ROAD, BENGALURU - 560 023. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP)
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:17820 CRL.P No. 5909 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2698/2021 FOR THE OFFENCE P/U/S 427, 506, 341, 504, 143, 147, 447, 323, 342 R/W 149 OF IPC REGISTERED BY TAVAREKERE P.S. RAMANAGARA DISTRICT IN CR.NO.140/2020 SO FAR AS THE PETITIONER IS CONCERNED PENDING ON THE FILE OF 2ND ADDL.CIVIL JUDGE AND J.M.F.C COURT MAGADI, RAMANAGARA DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for Respondent No.1.
2. The petitioner is being prosecuted for offences punishable under Sections 427, 506, 341, 504, 143, 147, 149, 447, 323, and 342 of the IPC.
3. The prosecution alleges that the petitioner/accused, along with the other accused, trespassed into the property bearing Sy. Nos.14 and 15 situated at Varthur Village, brandished deadly weapons, snatched a mobile phone, and threatened the complainant with dire consequences. The only allegation against Accused No.5 is that he accompanied the other accused at the time of the incident. Apart from this, there are no specific allegations against him of having committed any offence.
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NC: 2025:KHC:17820 CRL.P No. 5909 of 2025
4. Under such circumstances, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, the following:
ORDER
i. The petition is allowed. ii. The impugned proceedings in C.C.No.2698/2021, pending on the file of II Addl. Civil Judge and J.M.F.C, Magadi, Ramanagar District insofar it relates to petitioner herein, are hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
RKA List No.: 1 Sl No.: 110 CT: BHK