- 1 - NC: 2025:KHC:6167 CRL.P No. 6767 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6767 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. ANANTHA KUMAR, S/O DINESH, AGED ABOUT 26 YEARS, R/A CHIKKAMARANAHALLI, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU – 562 123. 2. VIJAYAENDRA KADALABAL S/O PRANESH ACHAR, AGED ABOUT 32 YEARS, NO 38, 2ND MAIN, 4TH CROSS, SIR MV LAYOUT, THIND, BENGALURU – 560 042. 3. MEGHANA RAO, D/O ARUN RAO, AGED ABOUT 42 YEARS, R/AT NO. 77/4, 2ND CROSS, HENNUR MAIN ROAD, KACHARAKANAH, BENGALURU – 560 043. 4. CHETHAN S/O JAGADISH, AGED ABOUT 22 YEARS, R/AT VAJARAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU – 562 123. 5. NAGARAJU K. N., S/O NARAYANASWAMY, AGED ABOUT 26 YEARS, R/AT KACHIGNALA VILLAGE, TUBAGERE HOBLI, DODDABALLAPURA TALUK, BENGALURU – 561 203. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6167 CRL.P No. 6767 of 2023 6. SAIF KHAN D/O DASTHAGIR KHAN, AGED ABOUT 25 YEARS, R/AT NO. 33, 1ST FLOOR, 5TH CROSS, 5TH MAIN ROAD, PATEL, BENGALURU NORTH TALUK, BENGALURU – 562 157. 7. SATISH N., S/O NARAYANASWAMY, AGED ABOUT 26 YEARS, R/AT NO. 154, SHIVAPURA, DODDABALLAPURA TALUK, BENGALURU – 561 203. 8. SHIVAKUMAR S. S/O SIRNIVAS, AGED ABOUT 25 YEARS, R/AT D CROSS, WARD NO. 3, MUTHSANDRA, DODDABALLAPURA TALUK, BENGALURU 9. MOHAMMED AFFAN PASHA, S/O MOHAMMED GOUSE PASHA, AGED ABOUT 24 YEARS, R/AT NI 14/6, UMAR FAROOD MASJID, RK GARDEN, NEELASANDRA, BENGALURU – 560 047. 10. SADIR PASHA, S/O FIROZ PASHA, AGED ABOUT 22 YEARS, R/AT NO. 119, SR BLOCK, DEVARAJEEVANAHALLI, BENGALURU – 560 021. …PETITIONERS (BY SRI. AMITH NAYAK, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE POLICE OF NELAMAGNALA TOWN PS, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560001 - 3 - NC: 2025:KHC:6167 CRL.P No. 6767 of 2023 2. BASAVARAJU C., AGED ABOUT 51 YEARS, OCC.:POLICE HEAD CONSTABLE, AT HC 425, NELAMANGALA TOWN POLICE STATION, NELAMANGALA TOWN, BENGALURU 562123 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4423/2023 (CR.NO.42/2023 OF NELAMANGALA TOWN P.S.,) PENDING ON THE FILE OF THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC NELAMANGALA, BENGLAURU REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 OF KARNATAKA OPEN PLACE DISFIGUREMENT ACT 1951 AND 1981 AND SECTION 426 AND 427 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “WHEREFORE, the petitioners/Accused Nos.1 to 10 named above pray that this Hon’ble Court may be pleased to pass an order quashing the entire proceedings in C.C.No.4423/2023 (Crime No.42/203) of Nelamangala Town P.S.) pending on the file of the Learned II Addl. Civil Judge & JMFC, Nelamangala, Bengaluru registered for the offences punishable under Section 3 of the Karnataka Open Place Disfigurement Act, 1951 and 1981 and Sections 426 and 427 of the Indian Penal Code, to meet the ends of justice.” - 4 - NC: 2025:KHC:6167 CRL.P No. 6767 of 2023 2. Heard learned counsel for the petitioners, learned Addl. SPP for respondent Nos.1 and 2 and perused the material on record. 3. A perusal of the material on record comprising of the complaint, charge sheet, FIR, statement of witnesses, documents etc., is sufficient to come to the conclusion that the offences under Section 3 of the Karnataka Open Places (Prevention Of Disfigurement) Act, 1981 (for short “the said Act of 1981”) or Section 426 and 427 of IPC have not been made out against the petitioner, especially when the alleged incident took place when the petitioners were at the spot for the purpose of organizing a social event to promote equality as a part of the organization called Yuvashakti Karnataka, who had undertaken several activities, particularly during Covid-19 pandemic exigency. 4. Under there circumstances, having regard to the fact that necessary ingredients being absent for commission of the aforesaid offences by the petitioners, continuation of the impugned criminal proceedings would tantamount to abuse of process of law and the same deserves to be quashed. 5. In the result, I pass the following: - 5 - NC: 2025:KHC:6167 CRL.P No. 6767 of 2023 ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in C.C.No.4423/2023 (arising out of Crime No.42/2023 registered by respondent No.1-Police) pending on the file of the II Additional Civil Judge and JMFC, Nelamangala, Bengaluru, in so far as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 6