- 1 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO.6505 OF 2023 (482(Cr.PC) / 528(BNSS)-) C/W CRIMINAL PETITION NO.13624 OF 2023 IN CRL.P No. 6505/2023 BETWEEN: SRI. A. VENUGOPAL S/O A. VENKATARAMAIAH, AGED ABOUT 52 YEARS, R/AT NO.506, SIRI VINAYAKA ISLAND, RAMANJANEYA NAGARA, CHIKKA KALLASANDRA, BENGALURU - 560 061. ADDRESS OF THE PETITIONER HAS CHANGED THIS IS THE NEW ADDRESS. …PETITIONER (BY SRI. RAVI B. NAIK, SENIOR COUNSEL FOR SMT. VIJETHA R. NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BASAVANGUDI PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. SRI. C. S. SANDEEP S/O SUKUMAR, AGED-MAJOR, Digitally signed by VEDAVATHI A K Location: High Court Of Karnatka - 2 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 R/AT NO.42/7, 3RD MAIN, JAVARAIAH GARDEN, THYAGARAJA NAGAR, BENGALURU - 560 028. …RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1-STATE; SRI. ANIL KUMAR R., ADVOCATE FOR R2-ABSENT) THIS CRL.P IS FILED U/S.482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND QUASH THE COMPLIANT DATED 01.02.2015 FIR IN CR.NO.38/2015 REGISTERED BY THE I RESPONDENT BASAVANAGUDI POLICE STATION (PRODUCED AS ANNEXURE A AND B) AGAINST THE PETITIONER HEREIN FOR OFFENCE P/U/S.307 R/W SEC.34 OF IPC THE ORDER DATED:18.03.2021 PASSED BY THE FILE OF II ACMM, BENGALURU (AS PER ORDER SHEET IN ANNEXURE E) TRANSFERRING FILE TO XXXVII ACMM BENGALURU AND ALL SUBSEQUENT PROCEEDINGS THAT ARE NOW PENDING BEFORE XXXVII ACMM, BENGALURU (AFTER TRANSFER) WITH RESPECT TO THE PETITIONER (A3) HEREIN. IN CRL.P NO. 13624/2023 BETWEEN: 1. MULAAMA @ LOKESH S/O R. VENKATESH, AGED ABOUT 53 YEARS R/AT NO. NIJL, 4TH CROSS, BEML LAYOUT, NEAR MANIPAL HOSPITAL, RR NAGAR, BENGALURU - 560 098. 2. CHETHAN H G @ BODI S/O GURUMURTHY, AGED ABOUT 39 YEARS, R/AT NO.07, 4TH A MAIN, E CROSS, KALYAN NAGAR, NAGARABHAVI ROAD, BENGALURU - 560 072. - 3 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 3. PAVAN KUMAR G. S/O GANGANNA D.V AGED ABOUT 34 YEARS, R/AT NO.167, 3RD CROSS, PATTANAGERE, NEAR MARAMMA TEMPLE, RAJARAJESHWARI NAGAR, BENGALURU - 560 078. ...PETITIONERS (BY SRI. MANE SHIVAJI HANAMANTHAPPA, ADVOCATE) AND: 1. 2. STATE OF KARNATAKA THROUGH BASAVANAGUDI POLICE STATION, REPRESENTED BY: STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. SRI. C. S. SANDEEP S/O SUKUMAR, AGE MAJOR, R/AT NO.42/7, 3RD MAIN, JAVARAIAH GARDEN, THYAGARAJA NAGAR, BENGALURU - 560 028. ...RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1-STATE; SRI. R. ANIL KUMAR, ADVOCATE FOR R2 - ABSENT) THIS CRL.P IS FILED U/S 482 OF CR.P.C., PRAYING TO 1) QUASH THE FIR IN CR.NO.38/2015 REGISTERED BY THE RESPONDENT BASAVANAGUDI POLICE STATION, BENGALURU DATED:01.02.2015 FOR THE OFFENCE P/U/S 307 R/W 34 OF IPC, PENDING BEFORE THE LEARNED II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND NOW PENDING BEFORE THE LEARNED XXXVII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGLAURU (AFTER TRANSFER) AND ETC., THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL ORDER Crl.P.No.6505/2023 is filed by the petitioner/accused No.3 and Crl.P.No.13624/2023 is filed by the petitioners/accused Nos.2, 4 and 5 under Section 482 of Cr.P.C. for quashing the criminal proceedings, especially the investigation conducted by the respondent No.1 arising out of Crime No.38/2015 registered by Basavanagudi Police station and to quash the order of granting permission to investigate the matter. 2. Heard the arguments of learned counsel for the petitioners appearing in both cases and learned counsel for the respondent No.1 for the State. Learned counsel for the respondent No.2 remained absent. 3. The case of the prosecution is that on the complaint filed by respondent No.2, to the Police alleging against the accused No.1 and others, that on 01.02.2015, there was a civil dispute between Varaprasad Reddy and the complainant, in respect of flats purchased by the Varaprasad Reddy through his - 5 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 friend Raghavendra that he has concocted with the documents and interfering with the possession of the property. Therefore, there was panchayat or a meeting held between accused No.1 (it is already quashed) and the respondent No.2. At that time, Varaprasad Reddy said to be brought accused No.2, Mulaama @ Lokesh, who is said to be the rowdy sheeter. At that time, after discussion, the accused said to have threatened the complainant, that he will face the consequences. That on 01.02.2015 at evening, when the complainant was proceeding on the road, the said accused persons/petitioners said to have come in a car and took up the sharp edged weapon and caused injury to the complainant. Hence, he lodged complaint to the Police by mentioning the name of Varaprasad Reddy and his followers. The Police registered FIR for the offence punishable under Section 307 of IPC and other IPC sections and took up the investigation. They were unable to find out who is the accused. Therefore, the Police have filed 'C' final report to the court on 30.06.2015. 4. Learned Magistrate issued notice to the complainant and he has not filed any objections. Ultimately the Magistrate accepted the 'C' final report and closed the case on 27.04.2017. - 6 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 After 6½ years, the PSI, the concerned Police station made a requisition on 18.3.2021 for reopening of the case for the purpose of investigation. Accordingly, learned Magistrate granted the permission. Subsequently, the Police took up the further investigation and said to be arrested the present petitioner and collected the materials, especially weapons seized from the house of the accused. During the course of investigation, the petitioners approached this court and stayed the investigation. Accordingly, the matter came up for hearing before this court. 5. Learned counsel for the petitioners mainly contended on 2 grounds, one is that this court already quashed the criminal proceedings of accused No.1, Crl.P.No.3500/2021 dated 09.03.2023. Therefore, these petitioners, accused Nos.2 to 5 are also entitled for the same relief. The second one is that, the order passed by the Magistrate without application of mind and affixing the endorsement as "Permitted" which is not acceptable. Therefore, the order of granting permission to the Police requires to be set aside. - 7 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 6. Learned counsel also contended that in the further statement, there is no identification of the accused persons, in the complaint. Therefore, the question of continuing the investigation is not correct, which is nothing but abuse of process of law. Hence, prayed for allowing the petition. 7. Per contra, learned HCGP objected the petition mainly on the ground, there is weapon seized from the accused persons, they said to be rowdy sheeter. The investigation said to be under progress. Therefore, prayed for dismissing the petition. 8. Having heard the arguments and perused the records, the point that arises for my consideration are; (1) Whether the petitioners are entitled for the relief claimed for quashing the investigation? (2) What order as to the cost? 9. On perusal of the records, admittedly the FIR was registered against unknown persons and name of this petitioner were not mentioned in the complaint, except stating that the - 8 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 accused No.1 said to be brought accused No.2, who is Mulaama@Lokesh, said to be rowdy sheeter. The Police are trying to investigate the matter, but they are unable to trace the real culprit. Therefore, they are forced to file 'C' final report before the Magistrate and the same was accepted during 2017. Admittedly after 6½ years, once again the Police moved memo/request to the Magistrate for granting permission, but the said request was referred to some other Magistrate and some other Magistrate had affixed the same as "permitted". On careful reading of the same, the learned Magistrate has not at all applied his mind for granting permission for giving any reason for investigating the matter. He has not stated, whether matter should be further investigated, or to investigation fresh or de-novo investigation etc., Based upon the same, this court quashed the criminal proceedings against accused No.1. However, at that time, there was no material produced by the learned HCGP before this court for having collected any incriminating evidence against accused No.1 and now learned HCGP produced the documents, where the further statement was made by the complainant and weapons are also seized by the Police. During the investigation, of course, the - 9 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 further investigation was stayed by this court. However, there may be investigation lead by the Police subsequent to the order passed by the court, but the very order passed by the Magistrate is defective Order without application of mind. Therefore, the Police cannot proceed with investigation of the matter, based upon the defective "Permission" was granted by the learned Magistrate. Therefore, the order of granting permission requires to be quashed and whatever the further investigation made by the police also requires to be quashed. However, as per the additional documents recovered, which reveals the involvement of this petitioner in this crime. Such being the case, for limited purpose, both the petitions requires to be allowed. Accordingly, both the petitions are allowed. The order of Magistrate dated 18.3.2021 is hereby quashed. Consequently, the further investigation is also quashed. However, liberty is granted to the Police to seek proper permission and learned Magistrate should apply the mind, either to grant the permission for further investigation or fresh - 10 - NC: 2025:KHC:8273 CRL.P No. 6505 of 2023 C/W CRL.P No. 13624 of 2023 investigation or reinvestigation. Thereafter, the Magistrate to proceed to pass the order on the request made by the Police, in accordance with law. Sd/- (K.NATARAJAN) JUDGE AKV List No.: 2 Sl No.: 1 CT:DM