- 1 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103460 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. DEBA DATTA CHANDA S/O. LT PRAMOD KUMAR CHAND, AGE. 52 YEARS, OCC. MANAGING DIRECTOR, BANK OF BARODA, BARODA CORPORATE CENTRE, C-26, G BLOCK, B.K. COMPLEX, BANDRA (E), MUMBAI. 2. VADDE SRI HARI, AGE. 56 YEARS, OCC. REGIONAL MANAGER, R/O. HUBBALLI, HUBBALLI DHARWAD CITY-580 001. 3. GHAYATRI W/O. RAVICHANDRAN, AGE. 58 YEARS, OCC. MANAGER, R/O. MANGALURU, MANGALURU CITY. … PETITIONERS (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, GOKUL ROAD, P.S., BY ITS POLICE SUB INSPECTOR, GOKUL ROAD POLICE STATION, HUBBALLI, ALSO R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 001. 2. MR. BHARAT SAGAR S/O. RAMACHANDRA, AGE. 55 YEARS, OCC. CHIEF MANAGER, R/O. H.NO.68, 1ST FLOOR, BASAVESHWAR NAGAR, GOKUL ROAD, HUBBALLI-580 008. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. KUSHAL M. KAMBLE, ADVOCATE FOR R2) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO152/2024 REGISTERED BY GOKUL ROAD POLICE STATION, GOKUL ROAD, HUBBALLI ON 08.11.2024 PENDING ON THE FILE OF 2ND ADDITIONAL DISTRICT AND SESSIONS COURT, DHARWAD FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(1)(R), 3(1)(S) OF SC/ST ACT AND SECTION 504 AND 506 R/W 34 OF IPC AGAINST THE PETITIONERS/A1 TO 3. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 3 are before this Court under Section 482 of the Cr.P.C. read with Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in Crime No.152 of 2024 registered by Gokul Road Police Station, Hubballi North Sub-Division, Hubballi-Dharwad for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Sections 504 and 506 read with Section 34 of the IPC against them. 2. Heard the learned counsel appearing for the parties. - 3 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 3. Learned counsel appearing for the petitioners submits that, the petitioners are the Managing Director, Regional Manager and Manager of the Bank of Baroda, which is a nationalized bank. The first informant is working as a Chief Manager in the said Bank and he has a grievance that he was not promoted and on the other hand he was transferred from Hubballi to Ahmadabad. Prior to filing of the present criminal case, the first informant had approached the very same Police in the month of November-2023 and similar allegations were made against the Officers of the Bank and the Police after preliminary enquiry had issued an endorsement that grievances of the petitioner with regard to promotion and transfer etc., are administrative matters to be adjudicated before the appropriate authority. Respondent No.2 had initiated a separate proceeding before the National Commission for Scheduled Caste, making similar grievances against the Officers of the Bank and the Commission after enquiry had closed the case and in spite of the same, repeated - 4 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 complaints are given by respondent No.2 to the National Commission for the scheduled caste. He submits that the impugned proceeding is initiated only to harass and coerce the petitioners’ continuation of the impugned criminal proceedings has been causing serious hardship and embarrassment to the petitioners and to secure the ends of justice, he prays to allow the petition. 4. Per contra, learned counsel appearing for respondent No.2 placing reliance on the statement of objection filed by him submits that the respondent was not given the promotion for which he was due only for the reason that he belongs to Scheduled Caste. He submits that the National Commission had directed the Bank Authorities to promote respondent No.2 to the next higher cadre, and in spite of such a direction, the promotion is denied to respondent No.2. He submits that in the alleged incident that had taken place inside the cabin in the Bank premises on 27.09.2023, respondent No.2 was manhandled and abused referring to his caste name. Since FIR has been - 5 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 registered for the cognizable offences, in view of the judgment of the Hon'ble Supreme Court in the case of M/s. Neeharika Infrastucture Pvt. Ltd., Vs. State of Maharashtra and Others1, the Police have got a right to investigate into the case and file a final report. He has also placed reliance on the judgment of the Coordinate Bench of this Court in the case of Hanamantraya S/o. Malakappa Harnal Vs. the State through Sindagi Police Station and another2. 5. The material on record would go to show that respondent No.2 was initially appointed as a Senior Manager in Dena Bank in the year 2007 and later on in the year 2011, he was promoted as a Chief Manager. Subsequently, Dena Bank and Vijaya Bank were merged with Bank of Baroda in the year 2019 and thereafter respondent No.2 is working as a Chief Manager in the Bank of Baroda. It appears that, he was transferred to Hubballi 1 Crl. A. No.330/2021, DD: 13.04.2021 2 Crl.P. No.200255/2023, DD: 09.10.2023 - 6 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 on 29.01.2020 and ever since then he was working in the capacity of Chief Manager at Hubballi in Bank of Barod. 6. While he was serving at Hubballi, on 27.11.2023 he had approached Gokul Road Police Station, Hubballi and had filed a complaint against the Management of the Bank alleging that despite the directions given by the National Commission for Scheduled Caste, Delhi, he has not been given promotion and on the other hand, he was humiliated in the cabin in front of other staff members of the Bank. He had stated that the entire incident had taken place on the direction given by the Chairman of the Bank and he was not able to work in the Branch, as he was transferred to another Branch and made to work under his Junior Officer, and accordingly, he had requested to take action for atrocities, against the Managing Director of the Bank of Baroda, Zonal Head and also Regional Manager. The Police after holding a preliminary enquiry on the said complaint submitted by respondent No.2 had issued an endorsement dated 12.12.2023 stating that, the grievance of respondent - 7 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 No.2 regarding promotion, transfer, etc., relates to his service conditions and therefore, he was required to approach the competent Court for adjudication of the same. 7. It appears that in the meanwhile, respondent No.2 had also filed a petition before the National Commission for scheduled caste making a grievance that he was not given promotion and in the said proceedings, after holding an enquiry and examining the report filed by the Bank, Commission had closed the case vide order dated 02.09.2023. The documents which are produced along with the statement of objection filed by respondent No.2 would go to show that even after the proceedings were closed by the National Commission for Scheduled Caste, respondent No.2 had filed further complaints making similar allegations against the Management of the Bank. It appears that respondent No.2 was transferred from Hubballi to Ahmedabad vide order dated 07.11.2024 and the impugned criminal proceeding is issued based on the first information submitted by respondent No.2 on 08.11.2024 making - 8 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 similar allegations against the Management of the Bank, which were earlier made by him before the Police as well as before the National Commission for Scheduled Caste. 8. Perusal of the first information in the present case would go to show that, respondent No.2 has referred to the very same incident dated 27.09.2023 in respect of which he had earlier approached the Police on 27.11.2023 and the Police after holding a preliminary enquiry had issued an endorsement dated 12.12.2023 requesting respondent No.2 to approach the appropriate Court for the purpose of adjudication of his grievances. From the nature of complaints filed against the Management of the Bank, it is apparent that only to harass and coerce them, repeated complaints are filed by respondent No.2 before the Police as well as before the National Commission for Scheduled Caste. The Hon’ble Supreme Court in the case of State of Haryana and Others Vs. Ch. Bhajan Lal and Others3 has laid down the guidelines for exercise of the inherent 3 AIR 1992 SC 604 - 9 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 powers under Section 482 of the Cr.P.C. and in paragraph Nos.102 and 103 of the said judgment, it is observed as follows: 102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate - 10 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a noncognizable offence. no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. - 11 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 103. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice." 9. The judgment in the case of M/s. Neeharika Infrastucture Pvt. Ltd., (Supra) and in the judgment of the Coordinate Bench of this Court in the case of Hanamantraya S/o. Malakappa Harnal (Supra) cannot be made applicable to the facts and circumstance of the present case. Since from the material available on record, it is apparent that respondent No.2 is in the habit of filing repeated complaints before different authorities making similar allegations, if the impugned proceedings is allowed to continue, the same will not only amount to abuse of process of law, but it will also put the petitioners, who are working as Managing Director, Regional Manager and Manager of a Nationalised Bank, to untold hardship and - 12 - HC-KAR NC: 2025:KHC-D:10643 CRL.P No. 103460 of 2024 embarrassment and therefore, to secure the ends of justice, it is necessary to quash the entire proceedings. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in Crime No.152 of 2024 registered by Gokul Road Police Station, Hubballi North Sub-Division, Hubballi-Dharwad for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Sections 504 and 506 read with Section 34 of the IPC stands quashed against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 44