- 1 - NC: 2025:KHC:1335 CRL.P No. 8157 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8157 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. VENNAPUSA NAVEEN KUMAR @ NAVEEN AGED 27 YEARS S/O NARAYANA REDDY RESIDING AT NO.76-11-13/D KOLLA FARAM ROAD BHAVANI PURAM, VIJAYAWADA ANDHRA PRADESH - 520 012. 2. MUKKU THIRUPATHI REDDY @ THIRUPATHI REDDY AGED 42 YEARS S/O KRISHANA REDDY MUKKU RESIDING AT NO.56, MCL LAYOUT 1ST FLOOR, THAMMANA HALLI, CHIKKABANAVARA, BENGALURU - 560107. …PETITIONERS (BY SRI. MOHAMMED MUJASSIM, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SOLADEVANAHALLI P S REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. MOU KARMAKAR AGED MAJOR D/O NOT KNOWN TO PETITIONER AT SRI RAGHAVENDRA COLLEGE OF NURSING GIRLS HOSTEL-2 ACHRIYA COLLEGE ROAD Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1335 CRL.P No. 8157 of 2024 SBM LAYOUT CHIKKABANAVARA BENGALURU - 560107. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; R2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CC.NO.21414/2021, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 354-D, 447 READ WITH 34 OF INDIAN PENAL CODE , PENDING ON THE FILE OF CJM RURAL COURT, BENGALURU, BENGALURU RURAL. 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 1. This petition is filed by accused Nos.1 and 2, seeking quashing of criminal proceedings in C.C.No.21414/2021 for the alleged offences punishable under Sections 354D, 447 r/w 34 of Indian Penal Code, on the file of CJM Rural Court, Bengaluru. 2. Heard learned counsel for the petitioners and learned Addl. SPP for the respondent - State and perused the material on record. Respondent No.2 complainant having been served with the notice of this petition has chosen to remain unrepresented and has not contested the petition. - 3 - NC: 2025:KHC:1335 CRL.P No. 8157 of 2024 3. Perusal of the material on record would indicate that the petitioner No.1 is pursuing Chartered Accountancy and he is said to have visited the house of petitioner No.2 who happens to be the first petitioner's sister's husband i.e., brother - in - law of petitioner No.1. On 29.01.2021, the petitioner No.1 lodged a complaint against owner of the adjacent PG Hostel for offences under Sections 324 and 448 of Indian Penal Code. Subsequently one of the students of the aforesaid PG Hostel filed the instant complaint against the petitioners alleging offences under Section 354-D and 447 read with Section 34 of Indian Penal Code, pursuant to which the respondent No.1 - Police filed a charge-sheet against the petitioners in Cr.No.33/2021. 3. As stated supra, it is an undisputed fact that the petitioners are residing in the premises adjacent to the PG Hostel in relation to which petitioner No.1 had already filed a complaint registered as FIR in Crime No.32/2021 against the owner of the adjacent PG Hostel and the impugned proceedings are clearly a counter blast to the aforesaid complaint filed by the petitioners and consequently in the absence of necessary ingredients for offences alleged to have been committed under Sections 354-D and 447 of Indian Penal - 4 - NC: 2025:KHC:1335 CRL.P No. 8157 of 2024 Code against the petitioners coupled with the fact that even the material collected along with the charge-sheet do not indicate commission of any such offence by the petitioners, I am of the considered opinion that the continuation of the impugned proceedings would tantamount to abuse of process of law warranting interference of this Court in the present petition. 4. Accordingly, I pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings qua the petitioners in C.C.No.21414/2021 for the alleged offences under Sections 354D, 447 read with Section 34 of Indian Penal Code, on the file of CJM Rural Court, Bengaluru, are hereby quashed. In view of allowing the main petition, I.A.1/2024 seeking stay, does not survive for consideration and as such, the same stands disposed of. SD/- (S.R.KRISHNA KUMAR) JUDGE sac List No.: 1 Sl No.: 27