Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17534 CRL.P No. 6264 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6264 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
H. N. VEERABHADRAIAH, S/O. C. S. NAGARAJAPPA, AGED ABOUT 33 YEARS, R/AT. NO. 70, ITTAMADU, BANGALORE - 560085
PERMANENTLY R/AT HUNASAVADI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMAKUR DISTRICT, PIN - 572 175.
2.
MAHESH @ KAPALI S/O SRINIVAS P.
AGED ABOUT 26 YEARS, R/AT, NO.06, 3RD CROSS, AGS LAYOUT, AREHALLI, UTTARAHALLI, BENGALURU - 560 061.
3.
SHIVARAJU @ SHIVU @ KABAB S/O. MUNIYAPPA, AGED ABOUT 31 YEARS R/AT, 56, 7TH MAIN ROAD, 4TH CROSS, BHUVANESHWARI NAGARA, PINCODE - 560 023.
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:17534 CRL.P No. 6264 of 2025
PERMANENTLY R/AT SANTHEKODIHALLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT, PINCODE - 562 117.
4.
SANDEESH @ KICCHA S/O SRINIVAS S.V AGED ABOUT 25 YEARS R/AT, NO. 17, 2ND CROSS, SRI SAI NAGARA, NEAR SRI. CHAITHA, ITTAMADU, 3RD STAGE, BANASHANKARI, BENGALURU - 560 085. …PETITIONERS (BY SRI. RAVIKUMAR G. H., ADVOCATE) AND:
1.
STATE OF KARNATAKA KAGGALIPURA P.S.
REPRESENTED BY SPP, HIGH COURT OF KARNATAKA HIGH COURT BUILDING, BANGALORE-560 001.
2. KRISHNAMURTHY S/O PUTTAIAH, AGED ABOUT 48 YEARS, NO.225/4, 3RD MAIN ROAD, BYRAPPA BLOCK, BANGALORE, PIN CODE - 560 028. …RESPONDENTS (BY SRI. LAKSHMAN B.,HCGP FOR R1;
SRI. SRINATH N.V., ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) BY PRAYING TO ALLOW THIS MEMORANDUM OF CRL.P BY QUASHING THE ENTIRE PROCEEDINGS IN CC.NO.8630/2023, PENDING ON THE FILE OF 2nd ACJM COURT, BANGALORE
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NC: 2025:KHC:17534 CRL.P No. 6264 of 2025
RURAL DISTRICT, BANGALORE, INITIATED AGAINST THE PETITIONERS, FOR AN OFFENCES P/U/S 341,364(A),397,120(B),506 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned High Court Government Pleader accepts notice for the respondent No.1.
2. Sri G H Ravikumar, learned counsel files vakalath on behalf of the respondent No.2.
3. The petitioners (accused Nos.2, 5, 6 and 7), who are facing trial for offences punishable under Sections 341, 364A, 397, 506 and 120B of the IPC, are before this Court seeking relief.
4. The prosecution alleges that the petitioners– accused wrongfully restrained the complainant, abducted him, demanded a ransom of Rs. 2.5 lakh, and threatened him with dire consequences.
5. The parties are present before this Court, and have filed an application for compounding, stating that initially, a First Information Report (FIR) was registered against unknown persons. During the course of the investigation, the petitioners (accused Nos.2, 5, 6 and 7) were apprehended and implicated as accused. The
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NC: 2025:KHC:17534 CRL.P No. 6264 of 2025
complainant, who is present before this Court, has admitted that the petitioners neither abducted him on the date of the incident nor demanded any ransom for their release, therefore, the impugned proceedings may be quashed.
6. The application is placed on record.
7. Although the alleged offences are cognizable and non-compoundable, considering that the parties have amicably resolved the dispute among themselves, subjecting the petitioners to trial would be futile. Given the settlement reached between the parties, the likelihood of conviction is remote and bleak. Therefore, the continuation of criminal proceedings would amount to an abuse of the process of law.
8. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.8630/2023, pending on the file of the learned II Additional Chief Judicial Magistrate, Bengaluru Rural District, insofar it relates to the petitioners herein is quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
bkm, List No.: 1 Sl No.: 124