- 1 - NC: 2025:KHC:9409 CRL.P No. 8096 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 8096 OF 2024 BETWEEN: 1. BALLYAMEEDERIRA RANNU AGED ABOUT 35 YEARS S/O MESAPPA R/A BADAGARAKERI VILLAGE KODAGU KARNATAKA (ADDRESS MENTIONED AS PER CHARGESHEET) …PETITIONER (BY SRI. KARTHIK NATESH, ADVOCATE FOR SMT. LEELA P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SRIMANGALA POLICE STATION REPRESENTED BY SPP OFFICE HIGH COURT OF KARNATAKA BANGALORE 560 001. 2. LINGAPPA K AGED ABOUT 58 YEARS S/O LATE KARIYAPPA ADDRESS DEPUTY RANGE FOREST OFFICER POOKOLA SECTION KUTIYA NATIVE SAMPAJE VILLAGE MEDIKERI, KODAGU KARNATAKA. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9409 CRL.P No. 8096 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.1215/2023 REGISTERED BY THE RESPONDENT SRIMANGALA POLICE IN CR.NO.50/2023 PURSUANT TO THE CHARGE SHEET DTD 20.09.2023 ARRAYING THE PETITIONER AS AN ACCUSED FIR THE OFFENCES P/U/S 341,332,353,504,506 OF IPC, PENDING BEFORE THE HONBLE CIVIL JUDGE AND JMFC, PONNAMPET. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused is facing trial for the offence punishable under Sections 341, 332, 353, 504, 506 of IPC is before this Court seeking relief. 2. The prosecution alleges that, during the discharge of his duties as the Deputy Range Forest Officer, upon receiving credible information that an elephant has given birth to a calf in a land belonging to the petitioner, came to the land along with his staff and kept a watch on the movement of the elephant. Thereafter, the petitioner-owner of the land came to the spot, abused the complainant in a filthy language, threatened him with dire consequences, and also slapped his face. 3. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent- State. - 3 - NC: 2025:KHC:9409 CRL.P No. 8096 of 2024 4. Admittedly, the land in which the alleged incident had taken place belongs to the petitioner. The prosecution alleges that the complainant when discharging his official duty as the Deputy Range Forest Officer along with his staff went to enquire in relation to an elephant giving birth to a calf in the said land. The perusal of the spot mahazar indicated that there is no reference of the elephant giving birth to a calf, and nor the presence of the calf is recorded in the spot mahazar. The complainant without authority of law went to the land belonging to the petitioner. Even if the allegations in the complaint were to be accepted as true, it at the most attracts an offence punishable under Section 353 of IPC, 1860. 5. To substantiate the allegation that the petitioner has committed the offence under Section 332 of IPC which deals with punishment to whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty. The prosecution has produced the wound certificate which indicates that the complainant came to the hospital with pain over his cheek, neck and back. To substantiate the allegation of assault made by the accused, the statements of the staff of the complainant were recorded and no statements of independent witnesses were recorded. The alleged incident had taken place when the petitioner-accused questioned the complainant with regard to his presence in the land belonging to the petitioner. 6. Perusal of the statement of the charge sheet witnesses indicated that the statement of the charge sheet witnesses are verbatim, which clearly implies that the FIR was - 4 - NC: 2025:KHC:9409 CRL.P No. 8096 of 2024 lodged with an ulterior motive to wreak vengeance and with revengeful intent when the accused questioned the complainant with regard to his presence in his land. 7. In such circumstances, the continuation of the criminal proceedings would be an abuse of the process of law. ORDER 1. Accordingly, the petition is allowed. 2. The impugned proceedings in C.C.1215/2023 on the file of learned Civil Judge and JMFC, Ponnampet, insofar it relates to the petitioner-accused herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 107