- 1 - NC: 2025:KHC:13565 CRL.P No. 10790 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.10790 OF 2024 BETWEEN: 1. DR.K.S.MUKUNDA RAO (MUKUNDA RAO IN IMPUGNED FIR) AGED ABOUT 73 YEARS SON OF LATE K.H.SATYANARAYA RAO DIRECTOR OF PATANJALI HOSPITALS PVT LTD RESIDENT OF NO.6, GOKULA BHEEMASAMUDRA ROD 2ND STAGE, DHAVALGIRI EXTENSION CHITRADURGA - 577 501 2. MRS.LATHA M RAO (LATHA IN IMPUGNED FIR) WIFE OF MR.SATYANARAYANA RAO MUKUNDA RAO KODAGANUR AGED ABOUT 60 YEARS DIRECTOR OF PATANJALI HOSPITALS PVT., LTD RESIDENT OF NO.6, GOKULA BHEEMASAMUDRA ROAD 2ND STAGE, DHAVALGIRI EXTENSION CHITRADURGA - 577 501 3. MR.TARAKARI BASAPPA PRAKASH (PRAKASH B T IN IMPUGNED FIR ) AGED ABOUT 64 YEARS SON OF MR.T.BASAPPA RESIDENT OF Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13565 CRL.P No. 10790 of 2024 BASAVESHWARA NITAYA SADA SHIVA NAGARA DVG ROAD, BEHIND J.M. COMFORTS CHITRADURGA 577 501 …PETITIONERS (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH CHITRADURGA TOWN POLICE STATION DISTRICT POLICE OFFICE OFFICE OF TURUVANUR ROAD MANIYUR CHITRADURGA, KARNATAKA - 577 501 REPRESENTED BY THE PUBLIC PROSECUTOR 2. THOYAJAKSHI BAI S W/O VENKATASWAMY DIRECTOR OF PATANJALI HOSPITAL AGED ABOUT 64 YEARS RESIDING AT NO.03 DAVALAGIRI EXTENSION 2ND STAGE, CHITRADURGA TOWN CHITRADURGA KARNATAKA - 577 501 …RESPONDENTS (BY SRI.LAKSHMAN B, HCGP FOR R.1; SRI.SHIVARAMA KRISHNAN M.S., ADVOCATE FOR R.2) THIS CRL.P IS FILED U/SEC.482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.127/2024 DATED 04.09.2024 REGISTERED BY CHITRADURGA TOWN P.S. UNDER SEC.3(1)(r)(s) OF THE SC/ST (POA) ACT AND SEC.3(5), 351(2), 352 OF BNS ACT (ANNEUXRE-A) PENDING BEFORE 2ND ADDL. SESSIONS COURT - 3 - NC: 2025:KHC:13565 CRL.P No. 10790 of 2024 CHITRADURGA DISTRICT AND QUASH COMPLAINT DATED 04.09.2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners—Accused Nos.1 to 3 challenge the registration of the FIR in Crime No.127/2024 for offences punishable under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sections 3(5), 351(2), and 352 of the Bharatiya Nyaya Sanhita, 2023. 2. Respondent No.2 lodged a First Information Report stating that she had been working as a Director at Pathanjali Hospital for the last 10 to 11 months. It is alleged in the complaint that the petitioners were harassing her and preventing her from discharging her duties. The petitioners, with the intention of forcibly evicting Respondent No.2 from the hospital, allegedly closed the Pharmacy, which was entrusted to a Partnership Firm of which Respondent No.2 is one of the partners. 3. On 31.08.2024, Respondent No.2 visited the Pharmacy Shop located within the hospital and found that medicine packets had been thrown outside the Pharmacy Shop. When Respondent No.2 questioned the petitioners - 4 - NC: 2025:KHC:13565 CRL.P No. 10790 of 2024 about the same, they allegedly abused her with reference to her caste and threatened her with dire consequences. 4. Learned counsel for the petitioners submitted that the alleged incident took place on 31.08.2024, but the FIR was lodged only on 04.09.2024 without providing any plausible explanation for the delay. He further contended that the FIR was filed to wreak vengeance against the petitioners, especially since the agreement executed in favor of the Partnership Firm for running the Pharmacy Shop in the hospital had been terminated. Therefore, he argued, the dispute between the parties is purely civil in nature, but has been given a criminal color. 5. In response, the learned HCGP for the State contended that the FIR discloses the commission of offences alleged against the petitioners, and that the veracity of the allegations requires investigation. He argued that such issues cannot be addressed in this petition and sought dismissal of the petition. 6. The arguments of the learned counsel for both parties have been duly considered. 7. Admittedly, an agreement was executed in favor of the Partnership Firm, of which Respondent No.2 is also a partner, permitting the Firm to run a Pharmacy Shop within the hospital, where the petitioners were - 5 - NC: 2025:KHC:13565 CRL.P No. 10790 of 2024 Directors along with Respondent No.2. The Company issued a notice on 28.08.2024, calling upon the Partnership Firm to vacate and hand over possession of the premises to the Company following the termination of the agreement. 8. Subsequently, Respondent No.2 lodged the FIR on 04.09.2024, alleging that the petitioners forcibly removed medicines from the Pharmacy Shop, abused her with reference to her caste, and threatened her with dire consequences. 9. Although the alleged incident occurred on 31.08.2024, the FIR was lodged only on 04.09.2024. A perusal of the FIR indicates that, apart from general and omnibus allegations, there are no specific overt acts attributed to each of the petitioners involving caste-based abuse or threats of dire consequences. 10. The dispute between the parties appears to relate to the termination of the agreement executed in favor of the Firm for operating the Pharmacy Shop within the hospital. However, the matter has been given a criminal aspect to exert pressure on the petitioners for settlement. In such circumstances, the continuation of the investigation would constitute an abuse of the process of law. - 6 - NC: 2025:KHC:13565 CRL.P No. 10790 of 2024 11. Accordingly, I pass the followings; ORDER i. The criminal petition is allowed. ii. The impugned First Information Report in Crime No.127/2024 dated 04.09.2024 registered by Chitradurga Town Police Station is hereby quashed. Pending I.A’s if any, does not survive for consideration and are accordingly disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NBM List No.: 1 Sl No.: 29