- 1 - NC: 2025:KHC-D:3668 CRL.P No. 103357 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103357 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: MR RAMAPPA RATHOD S/O. SOMAPPA RATHOD, AGED ABOUT 53 YEARS, KARALAKATTI, C/O. MAATHA TECHNOLOGIES, DHARWAD-580004, R/O. NO.7, OMKRUPA, 5TH CROSS, NEAR BANK COLONY, CHINCHANAGATTA MAIN ROAD, BENGALURU-560062. …PETITIONER (BY SRI. PRABHULING K.NAVADAGI, SENIOR COUNSEL FOR SRI. HARISH S.MAIGUR AND SRI. SUDARSHAN L., ADVOCATES) AND: 1. STATE BY HAVERI TOWN POLICE STATION, HAVERI, R/BY SPP, HIGH COURT, DHARWAD BENCH. 2. SRI. V. H. HANUMANTHAPPA S/O. HANUMANTHAPPA, AGED ABOUT 62 YEARS, VETERINARY OFFICE, HAVERI-581110. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED 30.10.2023 ON THE DISCHARGE APPLICATION FILED U/SEC. 239 OF CR.P.C. FOR THE OFFENCES P/U/SEC. 420 OF IPC AND TO ALLOW THE SAID APPLICATION IN C.C.NO.39/2017 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT HAVERI. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:56 +0530 - 2 - NC: 2025:KHC-D:3668 CRL.P No. 103357 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who is sought to be prosecuted for the offence punishable under Section 420 of the IPC, is before this Court seeking relief. 2. The prosecution alleges that the petitioner was a successful bidder for providing 1500 D-group employees for the period from February 2016 to June 2018. During that period, the petitioner was required to pay a sum of Rs.52,291 to the complainant after deducting Rs.975; however, only a sum of Rs.24,681 was paid. 3. Sri Prabhuling K. Navadagi, learned Senior Counsel representing the petitioner, argues that the non-payment of arrears of wages is a breach of a condition of the tender agreement, which is a civil matter. In the absence of any material evidence to substantiate that the petitioner induced the complainant to work as a D-group employee with an intention to deceive, the prosecution of the petitioner for the offence punishable under Section 420 of the IPC is impermissible. The petitioner is willing to deposit the arrears of wages within 15 days. 4. The learned Additional Government Advocate for the respondent/State submits that the allegations against the petitioner, and their veracity, should be considered at trial and not at this stage, and therefore, he sought the dismissal of the petition. - 3 - NC: 2025:KHC-D:3668 CRL.P No. 103357 of 2023 5. The arguments of the learned counsel for both parties have been duly considered. 6. The petitioner, who was awarded the contract for supplying D-group employees, is obligated to pay wages to the employees as per the Minimum Wages Act. There is a deficit of Rs.22,610/- payable to the complainant. Instead of taking recourse under the provisions of the Minimum Wages Act, the complainant lodged a First Information Report. In the absence of any allegation that the petitioner induced the complainant to work as a D-group employee with an intention to deceive at the time of the employment y , the prosecution of the petitioner for the offence punishable under Section 420 of the IPC is impermissible, as the essential elements of the alleged offence are conspicuously absent. Therefore, the continuation of criminal proceedings would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed, and the impugned proceedings in C.C. No.39/2017, on the file of the learned Principal Senior Civil Judge and CJM, Haveri, are hereby quashed. 8. The petitioner is directed to deposit the arrears of wages within fifteen days from the date of receipt of a certified copy of this Order with the appropriate authority, who shall, in turn, disburse the same to the complainant. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR/Ct:vh