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High Court of Karnataka · body

2025 DAILYLAW 34279 (KAR)

RAVI SHANKAR B N v. STATE OF KARNATAKA BY

CRL.P/11317/2024 · 2025-06-10

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19890 CRL.P No. 11317 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11317 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. RAVI SHANKAR B. N., S/O. NEELAKANTAIAH, AGED ABOUT 40 YEARS, R/AT NO. 08, NISARGA, 2ND CROSS, SUGUMA LAYOUT, NYANAPPANAHALLI, NEAR DLF NEW TOWN, BEGUR, BANGALORE – 560 068. 2. POORNIMA @ ANNAPURNA B. N., W/O. RAMESHA C. N., AGED ABOUT 44 YEARS, R/AT NO. 20, ANUGRAHA, 4TH CROSS, NANJUNDAIAH LAYOUT, BEHIND GOVERNMENT HIGH SCHOOL, BEGUR, BANGALORE – 560 068. 3. RAMESHA. C. N. S/O. NINGAPPA, AGED ABOUT 48 YEARS, R/AT NO. 20, ANUGRAHA, 4TH CROSS, NANJUNDAIAH LAYOUT, BEHIND GOVERNMENT HIGH SCHOOL, BEGUR, BANGALORE – 560 068. …PETITIONERS (BY SRI. PUNEETH. B. S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN PS, SOUTH EAST DIVISION, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19890 CRL.P No. 11317 of 2024 (REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE – 560 001). 2. G. NAGAMANI S/O. RAVISHANKAR B. N., AGED ABOUT 36 YEARS, R/AT NO. 30, 4TH MAIN, MARUTHI NAGARA, NEAR NAYARA PETROL BUNK, 100 FEET ROAD, SONNENAHALLI, BANGALORE – 560 006. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. N.R. NAIK, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDING AGAINST THE PETITIONERS IN C.C.NO. 21505/2024 OF SOUTH EAST WOMEN PS REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 504, 506, 323 OF IPC AND SECTION 3 AND 4 OF DP ACT, WHICH IS PENDING ON THE FILE OF THE XXXIX ADDL. CMM COURT, BANGALORE CITY. 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, petitioner seeks for the following reliefs: “Wherefore, it is prayed that this Hon’ble Court be pleased to quash the proceeding against the petitioners in C.C.No.21505/2024 of South East Women Police Station registered for offences punishable under Sections 498A, 504, 506, 323 of IPC and Sections 3 and 4 of DP Act, - 3 - HC-KAR NC: 2025:KHC:19890 CRL.P No. 11317 of 2024 which is pending on the file of the XXXIX Addl. CMM Court, Bengaluru City in the ends of justice.” 2. Heard learned counsel for the petitioners, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-defacto complainant is none other than the wife of petitioner No.1-accused No.1 in C.C.No.21505/2024, which is pending pursuant to the complaint dated 31.03.2024 filed by respondent No.2 against the petitioners/accused persons. It is an undisputed fact that petitioner No.2-accused No.3 is the sister of petitioner No.1 and petitioner No.3 – accused No.5 is the brother of accused No.1. 4. Learned counsel for the petitioner has filed a memo seeking leave of this Court to withdraw the present petition qua petitioner No.1/accused No.1/husband with liberty to seek discharge before the Trial Court. It is further submitted that insofar as petitioner Nos.2 and 3 are concerned which are arraigned as accused Nos.3 and 5 / sister and brother of petitioner No.1 are concerned, except bald, vague and omnibus allegations, specific - 4 - HC-KAR NC: 2025:KHC:19890 CRL.P No. 11317 of 2024 details and material particulars of commission of alleged offences qua petitioner Nos.2 and 3 are conspicuously absent in the impugned FIR, charge sheet material, documents, statement of witnesses etc. Consequently, in the light of the judgment of the Apex Court in the cases of Digambar and Anr., Vs. State of Maharashtra – 2024 INSC 1019, Kailashben Mahendrabhai Patel and ors Vs. State of Maharashtra and Anr – 2024 SCC OnlineSC 2621 and Geddam Jhansi and Anr Vs. The State of Telangana and ors – 2025 INSC 160, the impugned proceedings deserves to be quashed. 5. Per contra, learned counsel for respondent No.2 submits that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the material on record comprising of FIR, complaint, charge sheet material, statement of witnesses, documents etc., would indicate that insofar as petitioner Nos.2 and 3/accused Nos.3 and 5 are concerned, the allegations are general, bald and omnibus in nature and in the absence of any material and in the light of the aforesaid judgments of Apex Court, the - 5 - HC-KAR NC: 2025:KHC:19890 CRL.P No. 11317 of 2024 impugned proceedings qua petitioner Nos.2 and 3 deserves to be quashed. 7. In the result, I proceed to pass the following: ORDER i) The petition is hereby disposed of. ii) The petition insofar as petitioner No.1 is concerned, the same stands withdrawn reserving liberty in favour of petitioner No.1 to seek discharge before the Trial Court. iii) The impugned proceedings in C.C.No.21505/2024 on the file of XXXIX Additional Chief Metropolitan Magistrate Court, Bengaluru City, insofar as petitioner Nos.2 and 3/accused Nos.3 and 5 are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 19