- 1 - HC-KAR NC: 2025:KHC:32596 CRL.P No. 6306 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6306 OF 2020 (482(Cr.PC) / 528(BNSS)) BETWEEN: GANGARAJU S/O RANGASWAMAIAH, AGED ABOUT 45 YEARS, R/AT GARDAN HOUSE, HALASINAMARADHA NAGENAHALLI VILLAGE, NITTUR HOBALI, GUBBI TALUK TUMKUR DISTRICT - 572 126 …PETITIONER (BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYA GOUDA, ADVOCATE) AND: 1. H S KANTHARAJU S/O SHIVANNA AGED ABOUT 53 YEARS, R/AT HALASINAMARADHA NAGENAHALLI VILLAGE, NITTUR HOBALI GUBBI TALUK, TUMKUR DISTRICT - 572 126 2. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER CHELURU POLICE STATION GUBBI CIRCLE, TUMKUR - 572 117 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32596 CRL.P No. 6306 of 2020 R/BY AGP HIGH COURT OF KARNATAKA BANGALORE - 560 001 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R2; R1 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE(JR.DN.) AND J.M.F.C., GUBBI IN C.C.NO.619/2019 (CR.NO.98/2019) FOR THE OFFENCE P/U/S 504,506,323,324 AND 326 OF IPC AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused has filed this petition under Section 482 Cr.P.C to quash the criminal proceeding initiated against him in CC No.619/2019 for the offences punishable under Sections 504, 506, 323, 324, 326 of IPC (arising out of crime No.98/2019 of Chelur PS, Tumakuru district. 2. In support of the petition, the petitioner has contended that he has not committed the alleged offences and he has been falsely implicated. There are no material - 3 - HC-KAR NC: 2025:KHC:32596 CRL.P No. 6306 of 2020 to attract the provisions of Sections 504, 506, 326 of IPC against the petitioner. The Medical officer who has issued the injury certificate is not competent and authorized to issue the same. There is civil dispute between respondent No.1 and his brother. Respondent No.1 along with villagers came to the garden land of petitioner and cut several trees and formed the road. When his wife questioned them, she was assaulted and outraged her modesty and Mangala Sutra was also snatched. 2.1 In this regard, a criminal case is registered in crime No.78/2019 for the offences punishable under Sections 427, 506, 504, 149, 355, 143, 447 of IPC. For this reason, the present complaint is filed making false allegations that, on 18.06.2019 at 4:00 PM, respondent No.1 assaulted petitioner with a slipper and after the second incident, the present false complaint is filed. Respondent No.1 is a best friend of the brother of petitioner and a politically strong person. In order to grab the land of petitioner, he is being falsely implicated. - 4 - HC-KAR NC: 2025:KHC:32596 CRL.P No. 6306 of 2020 Petitioner has filed OS No.404/2017 for injunction. The dispute is purely civil in nature, continuation of the criminal proceedings amount to abuse of the process of the Court and hence the petition. 3. On the other hand, learned HCGP representing respondent No.2/State would submit that there is a civil dispute between petitioner and his brother Mahesh. In this regard, respondent No.1 called them and advised not to quarrel. Petitioner was not happy about it and waiting for an opportunity. On 26.07.2019 at 4:30 PM, when respondent No.1 was returning to his village on his two wheeler and was near the house of Shanmukha, petitioner intercepted him and picked up quarrel using abusive words and demanded why he is helping his brother Mahesh. He kicked respondent No.1 with legs and attempted to give a blow with sickle. When respondent No.1 evaded the blow with his left hand, he sustained bleeding injury to his fingers. When he cried for help, one Naveen intervened and rescued him. Petitioner left the place giving threat to his life and throwing the sickle at - 5 - HC-KAR NC: 2025:KHC:32596 CRL.P No. 6306 of 2020 the spot. He was taken to Choluru Government hospital by Naveen and from there shifted to Government hospital, Tumakuru and filed complaint. There is prima facie material to proceed against the petitioner and pray to dismiss the petitioner. 4. Heard arguments, and perused the record. 5. Material placed on record clearly indicate that the parents of petitioner are having three children i.e petitioner Gangaraju, Mahesh and Nagaratna. Nagaratna has filed suit in OS No.165/2018 for partition. Mahesh has filed suit in OS No.151/2018 against the petitioner Gangaraju and his wife Bhavya to declare that he is having a right of way to carry bullock cart, through schedule property which is part of property belonging to petitioner Gangaraju. In this background, it is contended by respondent No.1 that he called both petitioner Gangaraju and his brother Mahesh and advise them not to quarrel. On the other hand, petitioner has claimed that, along with his brother Mahesh, respondent No.1 - 6 - HC-KAR NC: 2025:KHC:32596 CRL.P No. 6306 of 2020 and others formed road in his land and when it was objected by his wife, she was assaulted and a criminal case is pending against them. 6. Thus, on account of dispute between petitioner Gangaraju and his brother Mahesh and others, it is alleged that on 26.07.2019 at 4:30 PM, the respondent No.1 was assaulted by petitioner with a sickle and cause bleeding injuries. After conducting detailed investigation, the concerned police have filed charge sheet against the petitioner, there is prime facie material to proceed against him, in the light of which it cannot be accepted that the continuation of proceedings would amount to abuse of the process of the Court. In The result a petition fails and accordingly the following: ORDER i) Petition filed by the petitioner/accused No.1 under Section 482 Cr.P.C is rejected. - 7 - HC-KAR NC: 2025:KHC:32596 CRL.P No. 6306 of 2020 ii) The Registry is directed to send a copy of this order to the trial Court through e- mail. In view of the disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 19