- 1 - NC: 2025:KHC:8288 CRL.P No. 5451 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 5451 OF 2022 BETWEEN: 1. SRIDHAR S/O LATE SUKUMAR AGED ABOUT 37 YEARS, OCC: TAILOR 2. LAXMAN S/O LATE SUKUMAR AGED ABOUT 28 YEARS OCC: TAILOR 3. KUMAR S/O LATE SUKUMAR AGED ABOUT 34 YEARS OCC: TAILOR ALL ARE RESIDING AT R/O NO.130/1520, 8TH CROSS, AYYAPPA TEMPLE FRONT, VENKATAPUR, KORAMANGALA, BENGALURU - 560 034 …PETITIONERS (BY SMT. POOJA KATTIMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA MADIVALA POLICE STATION, BENGALURU - 560 035 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001 2. ARVIND N. S/O LATE S. NAGARAJ, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8288 CRL.P No. 5451 of 2022 AGED ABOUT 43 YEARS, OCC: EMPLOYED IN PRIVATE FIRMS, R/AT NO.28, 8TH CROSS, VENKATAPUR, RAMGANGALA 1ST BLOCK, BENGALURU - 560 034 …RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1 SRI. M.S. VARADARAJAN, ADVOCATE FOR R2 (AB)) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS IN S.C.NO.298/2022 PENDING ON THE FILE OF THE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CHARGE SHEETED FOR THE OFFENCE P/U/S 323, 324, 506B, 307 R/W 34 OF IPC). THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioners being accused Nos. 1 to 3 in S.C.No298 of 2022, pending on the file of the learned LXIX Additional City Civil and Sessions Judge, Bengaluru (in Crime No.6 of 2019 of Madivala Police Station) registered for the offences punishable under Sections 323, 324, 506B, 307 read with Section 34 of IPC, are seeking to quash the criminal proceedings initiated against them. 2. Brief facts of the case are that, respondent No.2 being the informant filed the first information against accused - 3 - NC: 2025:KHC:8288 CRL.P No. 5451 of 2022 Nos.1 to 3 alleging that on 08.01.2019 at 9.30 pm accused Nos. 1 to 3 came near the shed put up in his land, abused the laborers in filthy language, threw kerosene and assaulted the laborers-Aravind and Prema V with iron rod with an intention to cause their death and committed the as above stated offences. The laborers were shifted to the hospital immediately. One of the injured by name Prema V was treated in ICU. It is stated that the Land Tribunal granted the land in question, in favour of the complainant, but accused Nos.1 to 3 with an intention to grab the land have committed the said offences. Therefore, he requested the police to register the case and to initiate legal action. Accordingly, police registered Crime No.6 of 2019. After investigation, the charge sheet came to be filed against the accused. The petitioners being accused Nos.1 to 3 are before this Court seeking to quash the criminal proceedings initiated against them. 3. Heard Smt. Pooja Kattimani, learned counsel for the petitioners, Sri. Venkat Sathyanarayan, learned High Court Government Pleader for respondent No.1 and M.S. Varadarajan, learned counsel for respondent No.2. Perused the materials on records. - 4 - NC: 2025:KHC:8288 CRL.P No. 5451 of 2022 4. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the Petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 5. It is the specific contention of respondent No.2 that, he is the owner of the land in question and the petitioners - accused Nos. 1 to 3 have come near the shed in the disputed land on 08.01.2019 at 9.30 p.m, abused the laborers in filthy language, threw kerosene and assaulted them with iron road, pipe and long, as a result of which, CWs-4 and 5 sustained injuries. One of the injured took treatment in the hospital. 6. The copies of the wound certificates produced for perusal of the Court disclose that, even though CWs-4 and 5 have been taken to the hospital, there is no reference to any - 5 - NC: 2025:KHC:8288 CRL.P No. 5451 of 2022 injuries sustained by them. The documents do not disclose that they were treated as in-patient or in ICU. Admittedly, no materials were seized from the scene of occurrence to support the contention of prosecution that the accused have thrown the kerosene/petrol either on the ground or on the shed or on any person/injured. It is stated that only the kerosene tin, rod, pipe and long were recovered from the scene of occurrence. Even though such deadly weapons were said to have been used in commission of the offences, CWs-4 and 5 appears to have not sustained any injuries. Even though serious allegations are made including the offence punishable under Sections 324 and 307 of IPC, not even an iota of evidence is available in support of the allegations made. Under such circumstance, I am of the opinion that it is a fit case for quashing the criminal proceedings initiated in abuse of process of law. 7. Accordingly, I answer the above point in the Affirmative and proceed to pass the following: ORDER (i) The petition is allowed. - 6 - NC: 2025:KHC:8288 CRL.P No. 5451 of 2022 (ii) The criminal proceedings in S.C.No298 of 2022, on the file of the learned LXIX Additional City Civil and Sessions Judge, Bengaluru (arising out of Crime No.6 of 2019 of Madivala Police Station) registered for the offences punishable under Sections 323, 324, 506B, 307 read with Section 34 of IPC, is hereby quashed against the petitioners. Sd/- (M G UMA) JUDGE SPV List No.: 1 Sl No.: 21