SRI LOKESH KUMAR S H v. THE STATE GOVT OF KARNATAKA
CRL.P/7859/2024 · 2025-02-18
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46408 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46408 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7092 CRL.P No. 7859 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7859 OF 2024 BETWEEN:
SRI. LOKESH KUMAR S.H., S/O SRI. S.T. HARI, AGED ABOUT 44 YEARS, R/O FLAT NO.A-2, 501, GANGA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, BANGALORE – 560 047 …PETITIONER (BY SMT. SHILPA S. GOGI, ADVOCATE)
AND:
1.
THE STATE GOVT. OF KARNATAKA BY KORAMANGALA POLICE STATION, BANGALORE.
REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE – 01.
2.
SMT. NANDITA NAG W/O SUBRATH KUMAR NAG, AGED ABOUT 53 YEARS, R/O FLAT NO.A-2, 501, GANGA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, BENGALURU – 560 047. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDITIONAL SPP FOR R1;
SRI. N.R. NAIK FOR R2)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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NC: 2025:KHC:7092 CRL.P No. 7859 of 2024
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET DATED 19.02.2018 FILED BY THE PROSECUTION AGAINST THE PETITIONER / ACCUSED IN C.C.NO.10108/2018 FOR THE OFFENCE P/U/S 504, 506, 509 OF IPC WHICH IS PENDING ON THE FILE OF THE HON’BLE XXXIX A.C.M.M AT BENGALURU AND ALL FURTHER PROCEEDINGS THERETO.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
"Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to quash the entire charge sheet dated 19.02.2018 filed by the prosecution against the petitioner/accused in CC No.10108/2018 for the offence punishable under Sections 504, 506 and 509 of IPC which is pending on the file of Hon'ble XXXIX A.C.M.M. at Bangalore and all further proceedings thereto, in the interest of justice. 2. Heard learned counsel for the petitioner and learned Addl. SPP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner – accused and 2nd respondent – complainant are both residents of residential apartment complex at Ganga Block, National Games Village, Koramangala, Bengaluru. During August,
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NC: 2025:KHC:7092 CRL.P No. 7859 of 2024
2017, the 2nd respondent, who was the Secretary of Ganga Block Residents Welfare Association, at that time lodged the impugned complaint dated 08.08.2017 pursuant to which an FIR in Crime No.313/2017 was registered against the petitioner under Section 504, 506 and 509 IPC pursuant to which, a charge sheet was filed and proceedings in C.C.No.10108/2018 are pending against the petitioner – sole accused before the XXXIX A.C.M.M., Bengaluru, aggrieved by which petitioner is before this Court by way of the present petition. 4. A perusal of the contents of the complaint, FIR, Charge sheet material, statements of the complainant and witnesses cumulatively establish that the petitioner cannot be said to be guilty of the offences alleged against him. In this context, it is relevant to note that the general, vague, bald and omnibus allegations made in the complaint have not been sufficiently or substantially corroborated either in the charge sheet material or from the statements of witnesses or documents collected during investigation.
So also, the evidence adduced by the prosecution also indicates that the chances of conviction are very bleak and as such, in the absence of the material on record disclosing
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NC: 2025:KHC:7092 CRL.P No. 7859 of 2024
commission of the offences by the petitioner coupled with the evidence already adduced before the Trial Court indicating that there are very little chances of the proceedings culminating in the conviction of the petitioner coupled with the fact that the petitioner and respondent are neighbors and residents of the very same residential apartment complex, which fosters community living by all residents together peacefully, I am of the considered opinion that continuation of the impugned proceedings against the petitioner would be an abuse of process of law warranting interference in the present petition. 5. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed. (ii) The proceedings in C.C.No.10108/2018 on the file of XXXIX A.C.M.M. Bengaluru for the offences punishable under Sections 504, 506 and 509 of IPC qua the petitioner are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE SA / SV List No.: 1 Sl No.: 15