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2025 DAILYLAW 34222 (KAR)

YASHWANTH. V v. STATE OF KARNATAKA

CRL.P/11221/2024 · 2025-06-04

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18747 CRL.P No. 11221 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11221 OF 2024 BETWEEN: YASHWANTH. V S/O VEERESH AGED ABOUT 25 YEARS R/AT #141 A, GEETHA NIVAS 3RD MAIN, 1ST BLOCK, DOLLARS COLONY BENGALURU NORTH, BENGALURU-560 094. …PETITIONER (BY SRI. RAJATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE POLICE OF SANJAY NAGAR P S REP BY THE STATE PUBLIC PROSECTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SHREYA BANSAL D/O UNKNOWN AGED ABOUT 25 YEARS R/AT NO.202, 89 XQUISIT, KGECS LAYOUT, NEW BEL ROAD SANJAY NAGAR, BENGALURU-560 094. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1, R2 - SERVED) Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18747 CRL.P No. 11221 of 2024 THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNNS) OF CR.P.C PRAYING TO QUASHING THE PROCEEDINGS IN C.C.NO.25570/2024 ARISING OUT OF CHARGE SHEET DATED 18.06.2024 FOR THE ALLEGED OFFENCE P/US/ 354 OF IPC IN CR.NO.42/2024 REGISTERED BY THE RESPONDENT NO.1 SANJAY NAGAR P.S., PENDING BEFORE THE LD. VIII ADDL.CMM AT BENGALURU. 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 In this petition, the petitioner seeks the following reliefs: "WHEREFORE, the Petitioner named above humbly prays that this Hon'ble Court may be pleased to pass an order, quashing the proceedings in C.C 25570/2024 arising out of Chargesheet dt. 18.06.2024 for the alleged offences punishable under Section 354 of I.P.C in Cr.No.42/2024 registered by the Respondent No.1 Sanjay Nagar P.S pending before the Ld. VIII Addl C.M.M at Bengaluru in the interest of Justice." 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:18747 CRL.P No. 11221 of 2024 3. Respondent No.2-defacto complainant, having been served with notice of this petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that respondent No.2-defacto complainant filed the instant complaint against the petitioner inter alia alleging that the accused person is guilty of the offence punishable under Section 354 of IPC and the same was registered as an FIR in Cr.No.42/2024. In pursuance of the said complaint, respondent No.1-Police conducted investigation and recorded the statements of nine witnesses including the complainant and filed charge sheet, which is currently pending in C.C.No.25570/2024. Pursuant to which, the proceedings before the trial Court are assailed in the present petition. 5. A perusal of the entire material on record comprising of the complaint, FIR, charge sheet material, statements of the witnesses and documents etc., are sufficient to come to the conclusion that the same do not disclose the commission of offence as alleged by respondent No.1 as well as respondent No.2. - 4 - HC-KAR NC: 2025:KHC:18747 CRL.P No. 11221 of 2024 6. Under these circumstances, in the absence of sufficient valid, legal or acceptable material to incriminate the petitioner for the alleged offence, I am of the considered opinion that the continuation of impugned proceedings qua the petitioner would amount to abuse of process of law warranting interference in the present petition. 7. In the result, I pass the following:- ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings in C.C.No.25570/2024 pending on the file of the VIII ACMM Court at Bengaluru, qua the petitioner is concerned, are hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 12