- 1 - HC-KAR NC: 2025:KHC:24959 CRL.P No. 5596 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5596 OF 2025 BETWEEN: N. M. VENKATESHAPPA @ VENKATESH N. M., S/O MUNISHAMAPPA, OCC: SECOND DIVISION ASST., AGED ABOUT 53 YEARS, CHIKKABALLAPUR DISTRICT POLICE, R/AT AMBEDKAR NAGAR, NARASAPUR VILLAGE, KOLAR DISTRICT-563133. …PETITIONER (BY SRI. BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHIDLAGHATTA RURAL PS, CHICKBALLAPURA-562105. (REP BY THE SPP, HIGH COURT PREMISES, BENGALURU) 2. ANANDA KUMAR, CPI, SHIDLAGHATTA CIRCLE, CHICKBALLAPURA - 562105 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.104/2019 OF SHIDLAGHATTA POLICE STATION AND C.C.NO.434/2023 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC SHIDLAGHATTA AND FURTHER BE PLEASED TO QUASH Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24959 CRL.P No. 5596 of 2025 ENTIRE PROCEEDINGS PENDING AGAINST HIM IN THE ABOVE MATTER. 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, Petitioner seeks the following reliefs: "Wherefore, it is respectfully prays that, this Hon'ble court may be pleased to call for the records in C.C.No.2422/2022 (Crime.No.12/2019 of respondent police) pending on the file of IV.ADLL.CMM Bangalore proceedings quash and in C.C.No.2422/2022 (Crime.No.12/2019 of respondent police) on the file of IV ACMM Bangalore for the alleged offence punihable 120(B) R/W 34 of IPC under sections 406, 420, 120(B) R/W of IPC and pass such necessary order/s as this Hon'ble court deems fit, in the interest of justice." 2. Heard the learned counsel for the Petitioner and learned HCGP for the Respondents and perused the material on record. 3. A perusal of the material will indicate that one Madangopal filed a complaint dated 07.10.2018 registered in FIR in Crime No.196/2018 against the Petitioner and other accused persons for alleged offences p/u/s 341, 342, - 3 - HC-KAR NC: 2025:KHC:24959 CRL.P No. 5596 of 2025 365, 506, 120(B) read with Section 34 of IPC and Sections 3(2)(ii), 3(2)(vi), 3(2)(vii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After investigation, the first Respondent - police authorities filed a charge sheet which was being prosecuted in Spl.C.C. No.399/2019 before the special Court. The Petitioner who was arraigned as Accused No.5 in the said Spl.C.C.No.399/2019, approached this Court in Crl.P.No.6196/2023 seeking quashing of the said proceedings on the ground of parity inter alia contending that in so far as the remaining Accused Nos. 1 to 4 and Accused Nos. 6 to 8 were concerned, all the accused persons had been discharged except the Petitioner who was arraigned as Accused No.5 and consequently, this Court proceeded to pass the following order allowing the Petition and quashing the said proceedings. The said order dated 07.01.2025 passed in Crl.P.No.6196/2023 reads as under: "This petition by accused No.5 in Spl.C.C.No.399/2019 arising out of Crime - 4 - HC-KAR NC: 2025:KHC:24959 CRL.P No. 5596 of 2025 No.196/2018 seeks quashing of the said proceedings pending on the file of LXX Addl. City Civil and Sessions Judge and Special Judge, Bengaluru for the offences punishable under Sections 341, 342, 365, 506, 120(B) read with Section 34 of IPC and Sections 3(2)(ii), 3(2)(vi), 3(2)(vii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Learned counsel for the petitioner submits that a perusal of the material on record will indicate that the overt acts said to be committed have been alleged only as against accused Nos.1 and 2 and not against accused No.5, who is the petitioner in the present petition. It is further submitted that by virtue of the order dated 25.10.2024 discharging accused Nos.6 to 8, the proceedings insofar as petitioner-accused No.5 is concerned would necessarily have to be quashed particularly, where there are no overt acts alleged to be committed by the petitioner-accused No.5, in the absence of which, the petition as against accused No.5 is not sustainable and deserves to be quashed. 3. Per contra, learned HCGP submits that there is no merit in the petition and the same is liable to be dismissed. 4. As rightly contended by learned counsel for the petitioner, in the light of the order dated 25.10.2024 passed in Spl.C.C.No.399/2019 discharging accused Nos.1 to 4 and accused Nos.6 to 8 coupled with the fact that no overt acts have been alleged as against petitioner accused No.5 as can be seen from the material on record, I am of the considered opinion that the impugned proceedings qua accused No.5 would also deserve to be quashed. 5. In the result, I pass the following: ORDER - 5 - HC-KAR NC: 2025:KHC:24959 CRL.P No. 5596 of 2025 (i) The petition is hereby allowed. (ii) The impugned proceedings in Spl.C.C.No.399/2019 arising out of Crime No.196/2018 on the file of LXX Addl. City Civil and Sessions Judge and Special Judge, Bengaluru, qua the petitioner/accused No.5 are hereby quashed." 4. In the instant case, a perusal of the complaint, FIR, Charge sheet materials, statement of witnesses, etc., will indicate that the present Petition arises out of the very same incident and allegations which were subject matter of aforesaid Spl.C.C.No.399/2019 which have been quashed in so far as the petitioner is concerned. 5. Under these circumstances, in view of quashment of the proceedings in Spl.C.C. No.399/2019, I am of the considered opinion that the impugned proceedings qua the Petitioner - Accused No.3 would not survive any longer and the same deserves to be quashed. 6. In the result, I pass the following:- ORDER i) Petition is hereby allowed. - 6 - HC-KAR NC: 2025:KHC:24959 CRL.P No. 5596 of 2025 ii) The impugned proceedings in SPl.C.C.No. 434/2023 arising out of Crime No.104/2019 pending on the file of Principal Civil Judge and JMFC, Shidlaghatta, qua the Petitioner are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 1 Sl No.: 24