- 1 - NC: 2025:KHC:204 CRL.P No. 6196 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6196 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: N M VENKATESH S/O MUNISWAMAPPA, AGED ABOUT 46 YEARS, R/AT AMBEDKAR NAGARA, NARASAPURA VILLAGE, KOLAR DISTRICT 563133 WORKING AS SDO, DPO OFFICE, CHIKKABALLAPUR POLICE SP OFFICE, CHIKKABALLAPURA DISTRICT 562101 ...PETITIONER (BY SRI. NITIN RAMESH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANDEPALYA POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU 560001 2. SRI MADAN GOPAL S/O LATE NANJUNDAIYA, R/AT NO 46/1, BADEPALYA, GARVEBHAVAI PALYA, BANGALORE 560 068. PRESENTLY IN JUDICIAL CUSTODY AT SUB-JAIL, CHINTAMANI IN CRIME NO 306/2018 OF SIDLAGHATTA RURAL P S - 562101 ...RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR R1, SMT. PAULINE PRIYANKA B. FOR R2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:204 CRL.P No. 6196 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER / ACCUSED NO.5 IN SPL.C.NO.399/2019 ARISING OUT OF CR.NO.196/2018 PENDING ON THE FILE OF HONBLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE, SPECIAL JUDGE, BENGALURU FOR THE OFFENCE P/U/S 365, 506, 120B R/W 34 OF IPC AND SEC.3(2)(ii), 3(2)(vi), 3(2)(vii) OF SC/ST PREVENTION OF ATROCITIES ACT, 1989 AT ANNEXURE-C THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by accused No.5 in Spl.C.C.No.399/2019 arising out of Crime 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.1 to 4 as well as - 3 - NC: 2025:KHC:204 CRL.P No. 6196 of 2023 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 (i) The petition is hereby allowed. - 4 - NC: 2025:KHC:204 CRL.P No. 6196 of 2023 (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. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 7