- 1 - NC: 2025:KHC:10327 CRL.P No. 6550 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6550 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. S. SUNIL KUMAR S/O. LATE B. SHESHACHAR, AGED ABOUT 38 YEARS, R/O. DOOR NO.678/679, BALE HOLADA SIDDALINGAPPA ROAD, HONDADA ROAD, DAVANAGERE-577 001. …PETITIONER (BY SRI. MARUTHI G.B., ADVOCATE) AND: 1. THE STATE BY BASAVA NAGAR P.S., DAVANAGERE, DAVANAGERE DIST.-577 001. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. A. JAGADISHCHAR S/O. LATE ANDANACHAR, AGED ABOUT 51 YEARS, R/AT #370/2, KAYIPETE BACK SIDE, NEAR DEVANAGIRI GAS AGENCY, ASHOKA NAGAR, DAVANAGERE-577 001. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. DILIP KUMAR I.S., ADVOCATE FOR R-2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10327 CRL.P No. 6550 of 2023 THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE PROCEEDINGS REGISTERED IN C.C.NO.1004/2016 (CRIME NO.15/2016) BASAVANAGAR P.S., PENDING ON THE FILE OF JMFC III COURT, DAVANAGERE, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 323, 341, 324, 355 R/W 34 OF INDIAN PENAL CODE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.2 in Crime No.15/2016 of Basavanagara Police Station has preferred this petition seeking to quash the entire criminal proceedings initiated against him. 2. Heard the learned counsel for petitioner, the learned Addl. SPP for respondent No.1 and the learned counsel for respondent No.2/defacto complainant. 3. The aforementioned FIR was registered on a complaint lodged by respondent No.2 against one Kantharaja Char A. and the present petitioner for offences punishable under section 323, 324, 355 r/w 34 of IPC. 4. It is alleged that on 16.12.2016 at about 8.30 p.m., when the complainant was proceeding on his Scooter after - 3 - NC: 2025:KHC:10327 CRL.P No. 6550 of 2023 closing his shop, the accused persons on account of previous enmity, came and assaulted him with chappal and kicked him etc. 5. It is contended by the learned counsel for petitioner that the parties are closely related to each other and on account of civil dispute and previous enmity, a false complaint has been foisted against the petitioner. He would contend that earlier to registration of the present crime, in respect of an incident of assault, both the parties have filed complaints and cases are registered against each other. 6. The police have filed charge sheet in this case. As per the charge sheet material, CWs.4 to 6 are the eye witnesses. In the complaint itself it is stated that immediately after the incident, the complainant went and took treatment at District Hospital, Davanagere. The wound certificate shows that he has suffered certain simple injuries, which prima facie show at this stage that the incident as alleged has occurred. It is also submitted by the learned counsel for respondent No.2 that the charges are framed in this case in the year 2017 and the trial is in progress and three witnesses are already - 4 - NC: 2025:KHC:10327 CRL.P No. 6550 of 2023 examined. No grounds are made to quash the proceedings as prayed. 7. The observations made in this order shall not influence the trial of the case. 8. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 26 Ct:ar