- 1 - HC-KAR NC: 2025:KHC:22330 CRL.P No. 13651 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13651 OF 2024 BETWEEN: 1. BHUVAN T.R., S/O RAGHU P.K., AGED ABOUT 27 YEARS, R/AT NO.326, PARVATHAMMA BUILDING, THINDLU, VIDYARANYAPURA, BENGALURU – 560 097. 2. ARJUN SANDESH, S/O VINOD PRABHU, AGED ABOUT 24 YEARS, R/AT NO.815, 61ST CROSS, 5TH BLOCK, RAJAJINAGAR, BENGALURU – 560 010. 3. VARUN, S/O NAGARAJ, AGED ABOUT 23 YEARS, R/AT NO.19, PALAYAGARA BIDI, ANEKAL, BENGALURU – 562 106. 4. GANAPTAHI K.V., S/O K.N.VIJU, AGED ABOUT 23 YEARS, R/AT NO.118, 1ST MAIN ROAD, Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22330 CRL.P No. 13651 of 2024 KAVITHA LAYOUT, VIJAYANAGAR, BENGALURU – 560 026. 5. VIJAYKUMAR, S/O V.RAMESH, AGED ABOUT 20 YEARS, R/AT NO.127, 1ST CROSS, 1ST MAIN, BHUVANESHWARI NAGAR, UTTARAHALLI, BENGALURU – 560 061. 6. SHOBITH K.G., S/O K.N.GOPINATH, AGED ABOUT 22 YEARS, R/AT NO.661, NEAR KESHAVA HEALTH CARE, VGP LAYOUT ROAD, KODLU, BOMMANAHALLI, BENGALURU – 560 068. 7. SHREYASH S., S/O SRINIVAS MURTHY, AGED ABOUT 24 YEARS, R/AT NO.47, MANJUNATH LAYOUT, ANEKAL, BENGALURU – 562 106. 8. JANARDHAN REDDY, S/O SRINIVAS REDDY, AGED ABOUT 26 YEARS, R/AT NO.31, MUTTIKANALLI, M.M.SANDRA, HOSKOTE, BENGALURU – 562 114. 9. SHASHANK K.M., - 3 - HC-KAR NC: 2025:KHC:22330 CRL.P No. 13651 of 2024 S/O MANJUNATH, AGED ABOUT 23 YEARS, R/O NO.807, 6TH CROSS, MUNIKONDAPPA LAYOUT, BAGALKUNTE, BENGALURU – 560 072. 10. MAHALINGRAYA H.K., S/O SHIVARAJ K, AGED ABOUT 27 YEARS, R/AT NO NILL, BASAVALINGAPPA COLONY, SHIRAVARA, RAICHUR – 584 101. 11. LAKSHMI NARAYAN, S/O VIJAYKUMAR, AGED ABOUT 26 YEARS, R/AT NO.86/87, 1ST CROSS, MATRU LAYOUT, KOGILU, YALAHANKA, BENGALURU – 560 064. 12. VENKATESH DANGE, S/O MANJUNATH, AGED ABOUT 30 YEARS, R/AT C/O KALIDASA NAGAR, HIREKEROORU, HAVERI – 581 110. …PETITIONERS (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY - 4 - HC-KAR NC: 2025:KHC:22330 CRL.P No. 13651 of 2024 J.C.NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE – 560 001. 2. DUNDAPPA BANDEKARA, AGED 28 YEARS, P.C.NO.20246, J C NAGARA POLICE STATION, J.C.NAGARA, BENGALURU CITY – 560 006. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R-1; R-2 - SERED & UN-REPRESENTED) *** THIS CRL.P. IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.27790/2023 PENDING BEFORE THE VIII ADDITIONAL CHIEF JUDICIAL MAGISTRATE FOR THE OFFENCE P/U/S 427, 448, 143, 147 R/W SEC.149 OF IPC R/W SECTION 2 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT 1981; AND PASS SUCH OTHER ORDER/S OR DIRECTIONS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCE OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRL.P. COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:22330 CRL.P No. 13651 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- "a) Quashing the entire proceedings in C.C.No.27790/2023 pending before the VIII Additional Chief Judicial Magistrate for the offence p/u/s 427, 448, 143, 147 r/w Sec.149 of IPC r/w Section 2 of Prevention of Destruction and Loss of Property Act 1981; b) And pass such other order/s or directions as this Hon'ble Court deems fit to grant in the circumstance of the case, in the interest of justice and equity." 2. Heard the learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. The respondent No.2 is served and un-represented. 3. A perusal of the material on record will indicate that the petitioners are students who are alleged to have - 6 - HC-KAR NC: 2025:KHC:22330 CRL.P No. 13651 of 2024 carried out a protest on 30.07.2022 in front of the Gate of the then Home Minister's residence, hailing slogans against him and thereafter entered the compound and attempted to demolish the flower pots, as a result of which, the respondent No.1 registered the impugned FIR in Crime No.87/2022 on 30.07.2022, for the offences punishable under Section 2 of the Prevention of Damage to Public Property Act, 1984 and under Sections 427, 143, 147, 149 and 448 read with Section 149 of IPC, which was investigated into and presently, charge sheet having been filed, the same is presently pending in C.C.No.27790/2023 before the 8th Additional Chief Metropolitan Magistrate, Bangalore. 4. In this context, a perusal of the complaint, FIR, charge sheet material, statement of witnesses, documents, etc is sufficient to come to the conclusion that necessary ingredients constituting the aforesaid offences are conspicuously absent and the petitioners cannot be - 7 - HC-KAR NC: 2025:KHC:22330 CRL.P No. 13651 of 2024 said to be guilty of the aforesaid offences, as alleged by the respondents. 5. Under these circumstances, the continuation of the impugned proceedings against the petitioners would amount to abuse of the process of law, warranting interference in the present petition. 6. In the result petition, I pass the following: ORDER i. The Criminal Petition is hereby allowed; ii. The impugned proceedings pending in C.C.No.27790/2023 (arising out of Crime No.87/2022), initiated by J.C. Nagar Police Station, Bangalore, pending on the file of the 8th Additional Chief Metropolitan Magistrate, Bangalore, for the offences punishable under Section 2 of the Prevention of Damage to Public Property Act, 1984 and under Sections 427, 143, 147, 149 and 448 of IPC read with Section - 8 - HC-KAR NC: 2025:KHC:22330 CRL.P No. 13651 of 2024 149 of IPC, is hereby quashed, qua the petitioners herein/accused Nos.1 to 12 respectively. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 2 Sl No.: 21