- 1 - HC-KAR NC: 2025:KHC:22574 WP No. 16750 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 16750 OF 2024 (GM-RES) BETWEEN: 1. SRI UMESH D., S/O DHARMAPPA, AGED 49 YEARS, RESIDING AT NO.FF-1, SGS HILL VIEW APARTMENT, 8TH CROSS, BEML LAYOUT, R R NAGAR BENGALURU – 560 098. 2. SRI HARISH R., S/O RAMANNA, AGED 39 YEARS, RESIDING AT NO.17, 5TH CROSS, GANGADHARAPPA LAYOUT, NAGARBHAVI, BENGALURU – 560 072. 3. SRI DHRUVA U., S/O UMESH D., AGED 19 YEARS, RESIDING AT NO. FF-1 SGS HILL VIEW APARTMENT, 8TH CROSS, BEML LAYOUT, R R NAGAR, BENGALURU – 560 098. 4. SMT. LATHA UMESH, W/O UMESH D., AGED 44 YEARS, RESIDING AT NO. FF-1 SGS HILL VIEW APARTMENT, 8TH CROSS, BEML LAYOUT, R R NAGAR, BENGALURU – 560 098. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22574 WP No. 16750 of 2024 5. SMT. GANAVI U., D/O UMESH D., AGED 23 YEARS, RESIDING AT NO. FF-1, SGS HILL VIEW APARTMENT, 8TH CROSS, BEML LAYOUT, R R NAGAR, BENGALURU – 560 098. …PETITIONERS (BY SRI. P. PRASANNA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF POLICE, DEVARAJA POLICE STATION, DEVARAJA SUB-DIVISION, MYSURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BLDG., DR. B. R. AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. SH. RAJU Y., (FATHER NAME NOT KNOWN TO THE PETITIONERS) AGED 29 YEARS, OCCUPATION. CIVIL POLICE CONSTABLE-803 DEVARAJA TRAFFIC POLICE STATION, MYSURU CITY RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONERS …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; R-2 IS SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO CALL FOR RELEVANT RECORDS AND ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 08.04.2024 PASSED BY THE IV JUDICIAL MAGISTRATE FIRST CLASS, MYSURU IN C.C. NO. 311/2024 (CRIME NO. 99/2023) - 3 - HC-KAR NC: 2025:KHC:22574 WP No. 16750 of 2024 REGISTERED BY THE 1ST RESPONDENT/DEVARAJA PS THEREBY TAKING COGNIZANCE FOR THE OFFENCES UNDER SEC. 332, 353, 504, 506 R/W SEC. 34 IPC AGAINST THE PETITIONERS HEREIN WHO ARE ARRAYED AS ACCUSED NOS. 1 5 BASED ON THE CHARGE SHEET DATED 25.01.2024 OF THE 1ST RESPONDENT/POLICE, IN SO FAR AS THE PETITIONERS/ACCUSED NOS. 1 TO 5 ARE CONCERNED, (PRODUCED VIDE ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “(i) Call for relevant records, and; (ii) issue a Writ, order or direction in the nature of certiorari, quashing the impugned order dated 08.04.2024 passed by the IV Judicial Magistrate First Class, Mysuru in C.C.No.311/2024 (Crime No.99/2023) registered by the 1st respondent/Devaraja PS thereby taking cognizance for the offences under Sec. 332, 353, 504, 506 r/w. Section, 34 IPC against the petitioners herein who are arrayed as Accused Nos.1 to 5 based on the chargesheet dated 25.01.2024 of the 1st respondent/Police, in so far as the petitioners/Accused Nos.1 to 5 are concerned, (produced vide Annexure-A); and (iii) Issue a Writ, order or direction in the nature of certiorari quashing the impugned chargesheet dated 25.01.2024 filed by the 1st respondent/Devaraja PS in Cr.No.99/2023 now registered as C.C.No.311/2024 as - 4 - HC-KAR NC: 2025:KHC:22574 WP No. 16750 of 2024 against the petitioners herein who are arrayed as Accused Nos.1 – 5 alleging the commission of offences punishable under Sec.332, 353, 504, 506 r/w Sec. 34 of IPC and consequently the entire proceedings, which is pending on the file of the IV Judicial Magistrate First Class, Mysuru, in so far as the petitioners/Accused Nos.1 to 5 are concerned, (produced vide Annexure-B); and, (iv) Pass such other order/orders as this Hon’ble Court deems fit, in the facts and circumstances of the case, in the interest of justice.” 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioners has filed a memo of even date, which reads as under: “The petitioners herein are seeking the leave of this Hon’ble Court to permit them to withdraw the present petition insofar as the petitioner Nos.1 and 2 herein and permit them to continue the present petition against petitioner Nos.3 to 5.” 4. The said memo is placed on record. 5. Insofar as petitioner Nos.3, 4 and 5 are concerned, a perusal of the material on record will indicate that except making bald, vague, general and omnibus allegations, no specific incidents and allegations as against accused Nos.3, 4 and 5 are forthcoming - 5 - HC-KAR NC: 2025:KHC:22574 WP No. 16750 of 2024 and are conspicuously absent in the impugned complaint, FIR, charge sheet, statement of witnesses, etc., which is sufficient to come to the conclusion that the impugned proceedings against the petitioner Nos.3, 4 and 5 deserves to be quashed. 6. In the result, I pass the following: ORDER i) The petition is dismissed as withdrawn in terms of the aforesaid memo dated 26.06.2025, insofar as the petitioner Nos.1 and 2 are concerned. ii) The petition is allowed, in so far as petitioner Nos.3 to 5 are concerned. iii) The impugned criminal proceedings in C.C.No.311/20124 (arising out of Crime No.99/2023 of respondent No.1 – Police), pending on the file of the IV Judicial Magistrate First Class, Mysuru, insofar as petitioner Nos.3, 4 and 5 are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 78