- 1 - NC: 2025:KHC:12866 CRL.P No. 11060 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 11060 OF 2024 BETWEEN: HIMA, D/O NAVEEN KUMAR B K, AGED ABOUT 19 YEARS, R/AT NO. 141, MAGADI MAIN ROAD, NEAR CII CAMP, BEL LAYOUT, 2ND STAGE, MUNESHWARA LAYOUT, BANGALORE 560091. PETITIONER (BY SRI. RAMU V.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ANNAPURNESHWARI NAGAR POLICE STATION, BANGALORE CITY 560072. REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560001. 2. SMT ROOPA SANTHOSH, S/O SANTHOSH, AGED ABOUT 32 YEARS, R/AT NO. 127/4, TARUN NILAYA, 9TH CROSS, PANTRAPALYA, MYSORE ROAD, BANGALORE - 560039. RESPONDENTS (BY SRI. MR PATIL, HCGP., FOR 1; R2 IS SERVED AND UNREPRESENTED) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12866 CRL.P No. 11060 of 2024 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) QUASH THE PROCEEDINGS AGAINST THE PETITIONER i.e., ACCUSED NO.2 IN CC.NO.24414/2023 VIDE CR.NO.208/2023 REGISTERED BY THE ANNAPOORNESHWARI NAGAR P.S., FOR THE OFFENCES P/U/S 325,341,504,506,34 OF IPC, PENDING BEFORE THE VTH ADDL. CMM, BANGALORE I.E., AT ANNEXURE-C AND D AND ETC,. 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, designated as Accused No. 2, has been charge-sheeted for offences punishable under Sections 325, 341, 504, 506, and 34 of the Indian Penal Code, 1860 (IPC), and is before this Court seeking relief. 2. The prosecution alleges that on June 19, 2023, when the complainant inquired with Accused Nos. 1 and 2 about her husband and son, Accused No. 1 abused the complainant with vulgar language and assaulted her with his hands. Accused No. 2 allegedly threatened her with dire consequences if she continued to inquire about her husband and son. 3. Respondent No. 2, the complainant, was served with notice but has neither appeared in person nor through counsel and is therefore placed ex-parte. - 3 - NC: 2025:KHC:12866 CRL.P No. 11060 of 2024 4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State. 5. Upon perusal of the charge sheet materials and witness statements, it is evident that the allegations of abusing the complainant with vulgar language and assault pertain to Accused No. 1. The sole allegation against Accused No. 2 is that he threatened the complainant with dire consequences if she continued to inquire about her husband and son. 6. For an offence under Section 504 of the IPC to be established, there must be intentional insult with intent to provoke a breach of the peace. Similarly, an offence under Section 506 of the IPC requires proof of criminal intimidation. The accused must threatened another individual with harm to their person, reputation, or property, or to someone in whom the individual has an interest. The threat must be made with the intent to cause alarm to the victim, or to compel them to perform an act they are not legally obligated to do, or to omit an act they are legally entitled to perform. The threat should be of such a nature that it would cause apprehension in the mind of a reasonable person, leading them to fear injury to themselves, their reputation, property, or to someone they have an interest in. In the present case, except that the petitioner threatened the complainant with dire consequences , there is no other material to satisfy the essential elements to constitute the said offence. - 4 - NC: 2025:KHC:12866 CRL.P No. 11060 of 2024 7. In the absence of substantial evidence to support the allegations against the petitioner, continuing the criminal proceedings would constitute an abuse of the legal process. 8. Accordingly, the petition is allowed. ORDER i) Criminal petition is allowed. ii) The impugned proceedings in CC.No.24414/2023 vide Crime No.208/2023 on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru, insofar it relates to the petitioner/ accused No.2 is hereby quashed. SD/- (HEMANT CHANDANGOUDAR) JUDGE PNV List No.: 1 Sl No.: 28