- 1 - NC: 2025:KHC:16039 CRL.P No. 5533 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5533 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. PUNEETH PRASAD, S/O LATE DERANNA POOJARI, AGED ABOUT 30 YEARS, RESIDENCE OF KAMBALABETTU, KARYADI HOUSE, KULA GRAMA, BANTWALA TALUK, D.K - 574 222. 2. GURUPRASAD, S/O MANKU KORAGA, AGED ABOUT 28 YEARS, RESIDENT OF MAGAILA PADAVU, VEERAKAMBA GRAMA, BANTWALA TALUK, D.K - 574 223. 3. GANESHA, S/O CHANDAPPA MOOLYA, AGED ABOUT 31 YEARS, RESIDENT OF DIWANA HOUSE, VITAL PADNOOR GRAMA, KODAPADAVU POST, BANTWALA TALUK, D.K - 574 230. 4. MANJUANTH, S/O BHASKARA PRABHU, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:16039 CRL.P No. 5533 of 2022 AGED ABOUT 30 YEARS, RESIDENT OF NEKKITHA PUNI HOUSE, ALIKE GRAMA AND POST, BANTWAL TALUK, D.K - 572 340. 5. CHETAN, S/O NONAIAH, AGED ABOUT 28 YEARS, RESIDENT OF KADAMBU, PILIOLACHIL HOUSE, VITLAPADNOOR GRAMA, KODANGAYI POST, BANTWALA TALUK, D.K - 573 422. 6. VIJET, S/O KRISHNAPPA, AGED ABOUT 30 YEARS, RESIDENT OF KADAMBU, NEAR SCHOOL HOUSE, VITLAPADNOOR GRAMA, KODANGAYI POST, BANTWALA TALUK, D.K - 570 023. 7. MR AKSHYA ARYAN RATHORE @ AKSHAY RAJAPUTH, S/O THARA RATHOR, AGED ABOUT 30 YEARS, R/AT 5-108/3C, MULARU HOUSE, HANUMAN NAGAR, BALTHILA VILLAGE, KALLADKA, BANTWAL TALUK D.K - 574 222. …PETITIONERS (BY SRI. NIKHIL K.N, ADVOCATE FOR SRI. SANATHKUMAR SHETTY K, ADVOCATE) - 3 - NC: 2025:KHC:16039 CRL.P No. 5533 of 2022 AND: 1. STATE BY STATION HOUSE OFFICER, PUTTUR CITY POLICE STATION, PUTTUR D.K, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE - 560 001. 2. UMESH P, S/O LATE AITHAPPA NAYAK, AGED ABOUT 32 YEARS, PATTIKALLU MANE, PUNARHA VILLAGE, BANTWALA TALUK, D.K. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1; SRI. RAJARAM SOORYAMBAIL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.368/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ACJM, PUTTUR, D.K., REGISTERED IN CR.NO.62/2019 BY THE PUTTUR CITY POLICE STATION, PUTTUR, D.K., FOR THE OFFENCE P/U/S 341, 427, 353, 120(b) OF IPC AND SEC.2(A) OF KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 4 - NC: 2025:KHC:16039 CRL.P No. 5533 of 2022 ORAL ORDER Petitioners / accused Nos.1 to 7 respectively have preferred this petition under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.368/2021 pending on the file of the Principal Senior Civil Judge and ACJM, Puttur, Dakshina Kannada, arising out of Crime No.62/2019 of Puttur Town Police Station. 2. FIR was registered against 2 unknown persons for the offence Punishable under Section 427 read with Section 34 of IPC and Section 2(A) of the Karnataka Prevention of Destruction and Loss of property Act, 1981, (for brevity ‘KPDLP Act’) on a complaint lodged by one Umesh. P., driver of KSRTC bus. 3. It is alleged that on 24.06.2019 at about 06:30 to 06:35 p.m., when the complainant was driving the bus bearing registration No.KA-19-F-2788 and another driver was driving a bus bearing registration No.KA-19-F-2886, near High Way Hotel, Sathikallu, Kedila village, Bhantwal taluk, two unknown persons came on a motor cycle and pelted stones at the buses causing damage to the tune of Rs.10,000/- etc. - 5 - NC: 2025:KHC:16039 CRL.P No. 5533 of 2022 4. Charge sheet is filed against the petitioners for offences Punishable under Section 341, 427, 353, 120-B of IPC, and Section 2(A)(B) of KPDLP Act, 1981. 5. In the charge sheet it is alleged that all the accused conspired with each other so as to cause disturbance to the general public and in furtherance of the conspiracy entered between them, accused Nos.1 and 3 came to the spot in a two wheeler bearing registration No.KA-17-HA-9937 and accused Nos.2 and 4 in a two wheeler bearing registration No.KA-19- EC-0067 and pelted stones at the windshield of the buses and caused damage to the tune of Rs.10,000/- etc. 6. Admittedly, FIR was registered against two unknown culprits. Descriptions of those two persons are not mentioned in the complaint. It is not the case of the complainant that the culprits came in motorcycles and pelted stones at the buses. However, charge sheet was filed against 7 accused alleging that all the accused conspired with each other and accused Nos.1 to 4 came in two motor cycles to the spot and pelted stones etc. There is absolutely no material placed to show that the accused have conspired to commit the offence. - 6 - NC: 2025:KHC:16039 CRL.P No. 5533 of 2022 This Court finds that the material on record is insufficient to proceed against the petitioners. Criminal proceedings initiated against them is an abuse of process of the Court and accordingly liable to be quashed. Hence, the following:- ORDER i) Petition is allowed. ii) Entire proceedings in C.C.No.368/2021 on the file of the Principal Senior Civil Judge and ACJM, Puttur, Dakshina Kannada arising out of Crime No.62/2019 of Puttur Town Police Station, D.K., stands quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 20 CT: BHK