- 1 - NC: 2025:KHC:4405 CRL.P No. 10033 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 10033 OF 2024 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SHRI SAMPATHKUMAR S/O. DEVARAJ, AGE 44 YEARS, OCC BUSINESS, R/AT. MANDIBELE ROAD, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. PIN CODE-562135 …PETITIONER (BY SRI. MUNIRAJ GOWDA V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE VIJAYAPURA POLICE STATION, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. PIN CODE-562135. REPRESENTED BY THE S.P.P., HIGH COURT BUILDING, BENGALURU-560001. 2. SHRI.ASHWATHNARAYANA SWAMY S/O. GANGAPPA, AGE 75 YEAR, R/AT. NO.666/36, DEEPA NILAYA, PRASHANTHNAGAR, CHIKKABALLAPURA TOWN, CHIKKABALLAPURA TALUK AND DISTRICT PIN CODE-563133 …RESPONDENTS (BY SRI. M.R. PATIL., HCGP FOR R1; SMT. JAYANTHI.R., ADVOCATE FOR R2) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2025.02.04 15:44:44 +0530 ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2025.02.04 15:45:10 +0530 - 2 - NC: 2025:KHC:4405 CRL.P No. 10033 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ALL THE PROCEEDINGS IN C.C.NO.12302/2021 AGAINST TO THE PETITIONER, ON THE FILE OF THE SECOND ADDL. CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT DEVANAHALLI, FILED CHARGE SHEET BY THE VIJAYAPURA POLICE STATION AT VIJAYAPURA, DEVANAHALLI TALUK AND BENGALURU RURAL DISTRICT, FOR THE OFFENCES P/U/S 406, 420, 424, 504 AND 506 OF THE IPC 1860. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: “Quash all the proceedings in C.C.No.12302/2021 against to the petitioner, on the file of the Second Addl. Civil Judge and Judicial Magistrate First Class at Devenahalli, filed charge sheet by the Vijayapura Police Station at Vijayapura, Devanahalli Taluk and Bengaluru Rural District, for the offences punishable under sections 406, 420,424,504 and 506 of the India Penal Code 1860, in the interest of justice and equity.” 2. The petitioner is accused No.3 in C.C.No.12302/2021 registered on the basis of a complaint filed by respondent No.2. The allegations made is that the petitioner is the brother of D.Mahadev. The petitioner along with Mahadev, who is accused No.1, - 3 - NC: 2025:KHC:4405 CRL.P No. 10033 of 2024 along with other family members had created and forged certain documents. When respondent No.2 and his son Jagdish had visited to make inquiries, they were not allowed inside the office and further they were assaulted as also abused by the said persons. 3. The submission of learned counsel for the petitioner is that the petitioner was not present at that time nor was the son Jagdish present at that time. Hence the question of the offence being committed would not arise. His further submission is that there was no threat held out or abuse hurled at respondent No.2 and/or his son. These facts have not been properly investigated by the jurisdictional police and a charge sheet has been filed without proper investigation. 4. Sri.M.R.Patil, learned HCGP would however support the charge sheet by contending that the said charge sheet has been laid on the basis of the statements - 4 - NC: 2025:KHC:4405 CRL.P No. 10033 of 2024 which have been recorded of the concerned witnesses. Any issue as regards the presence or otherwise of the petitioner and the son of the complainant is subject matter of evidence which would have to be established as a defence during the course of trial and cannot be a ground for quashing of the complaint. 5. Having heard Sri.Muniraj Gowda, learned counsel for the petitioner and Sri.M.R.Patil, learned HCGP, I am of the considered opinion that the only dispute which has been raised by the petitioner is as regards the presence of the petitioner as also son of respondent No.2. These aspects as rightly contended by Sri.M.R.Patil, learned HCGP are matter of trial and are required to be established as a defence during the course of trial. That ground cannot be one which can be pressed into service for quashing of criminal proceedings, be that as it may the matter is not only only of assault but of forgery, for which the presence - 5 - NC: 2025:KHC:4405 CRL.P No. 10033 of 2024 of the petitioner is not required at the time of alleged assault. 6. In that view of the matter, the Criminal Petition stands dismissed. The II Additional Civil Judge, Judicial Magistrate, First Class at Devanahalli is directed to proceed with the matter as expeditiously as possible. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 19 Sl No.: 6