- 1 - HC-KAR NC: 2025:KHC:20274 CRL.P No. 13862 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13862 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. RITHESH KUMAR RAY S/O GANGA SAGAR RAY, AGED ABOUT 35 YEARS, R/AT NO.114, 2ND MAIN ROAD, OPP. TANK GOODSHED COLONY, SOMESHWARAPURAM, TUMAKURU 572102. RITISH AND NITHESH, SUPERVSOR, SRI NIMISHAMBA ENTERPRISES, MANDYA, TUMAKURU. 2. SMT. MC SHWETHA W/O MANJU B.R. AGED ABOUT 40 YEARS, KSRTC CLEANING AGENCY, R/AT NO.1424, 30TH CROSS, SHIVANANJAPPA LAYOUT, NEHRU NAGAR, MANDYA 571 401. OWNER OF SRI. NIMISHAMBA ENTERPRISES TUMAKURU. …PETITIONERS (BY SRI. RATTIHALLI GEETA VEERANNA, ADVOCATE) AND: STATE BY KARNATAKA BY KORATAGERE POLICE REP BY SPP , HIGH COURT BENGALURU - 560 001. …RESPONDENT (BY SMT. SOWMYA.R, HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.304/2024 DATED 09.11.2024 OF THE RESPONDENT KORATAGE POLICE STATION AS PER ANNEXURE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20274 CRL.P No. 13862 of 2024 A REGISTERED FOR THE OFFENCE P/US/ 7 AND 9 OF THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT 2013 PENDING BEFORE THE HONBLE CIVIL JUDGE AND JMFC KORTAGERE TUMAKURU DISTRICT. 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 The petitioners, who are arraigned as accused Nos. 2 and 3 in FIR in Crime No.304/2024 dated 09.11.2024 are before this Court seeking quashing of the impugned complaint and FIR registered against them for offences punishable under Sections 7 and 9 of the Prohibition of the Employment of Manual Scavengers and their Rehabilitation Act, 2013 (for short ‘the said Act of 2013’) and for other reliefs. 2. Heard learned counsel for the petitioners and learned HCGP for the respondent – State and perused the material on record. 3. A perusal of the material on record will indicate that the Revenue Inspector (In-charge) , Kasaba Hobli, Koratagere Taluk, filed a complaint dated 09.11.2024 interalia alleging that one Karthik was found doing manual scavenging work at KSRTC Bus - 3 - HC-KAR NC: 2025:KHC:20274 CRL.P No. 13862 of 2024 stand, Koratagere, on 06.11.2024 without wearing safety gloves. It was alleged that upon enquiries, it was found that the contract for cleaning KSRTC bus stand premises was entrusted to M/s.Nimishamba Enterprises, Mandya, of which the petitioners – accused Nos. 2 and 3 as well as accused Nos. 1 and 4 were proprietor, owner, manager, supervisor, etc., all of whom had committed the alleged offences under Sections 7 and 9 of the said Act of 2013. In pursuance of the said complaint, the respondent registered the impugned FIR which is assailed in the present petition. 4. A perusal of the material on record will indicate that though the aforesaid Sri.Nimishamba Enterprises of which the petitioners – accused Nos. 2 and 3 were the proprietor and supervisor respectively, the KSRTC authorities had entered into a contract for cleaning the KSRTC Bus stand at Koratagere for the period from 01.08.2021 up to 31.10.2024 and thereafter, the contract for doing cleaning work was entrusted to one Sri.Lakshmi Enterprises w.e.f. 01.11.2024. It follows therefrom that neither the aforesaid Sri.Nimishamba Enterprises nor the petitioners were responsible or were doing any cleaning work of the KSRTC bus - 4 - HC-KAR NC: 2025:KHC:20274 CRL.P No. 13862 of 2024 stand from 01.11.2024 onwards, in particular on 06.11.2024, on which day, the alleged incident is said to have taken place, thereby leading to the sole conclusion that the person, i.e., Karthik allegedly doing cleaning work on 06.11.2024 was neither employed with the petitioners nor Sri.Nimishamba Enterprises or was he connected with them for the purpose of doing cleaning work. Under these circumstances, I am of the view that since the petitioners did not have anything to do with the alleged incident or Karthik involved in the said incident of alleged manual scavenging that is said to have occurred on 06.11.2024 by which time, the contract entered into with Sri.Nimishamba Enterprises had stood expired earlier on 31.10.2024 itself, the petitioners cannot be incriminated for the alleged offences and consequently, the impugned proceedings deserve to be quashed. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii)The impugned FIR in Crime No.304/2024 registered by the 1st respondent – Police for offences punishable under Sections 7 and 9 of the Prohibition of the Employment of Manual Scavengers - 5 - HC-KAR NC: 2025:KHC:20274 CRL.P No. 13862 of 2024 and their Rehabilitation Act, 2013, pending on the file of Civil Judge & JMFC, Koratagere, Tumakuru district, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.