- 1 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 724 OF 2025 BETWEEN: 1. H.P. NANJUNDA SWAMY AGED ABOUT 33 YEARS, S/O LATE H.P. SWAMY GANESH, NO. 287, PURANA MATADA ROAD, HOLEHONNUR, BHADRAVATHI TQ, SHIVAMOGGA DIST - 577 227. 2. SHOBHITH H.P AGED ABOUT 26 YEARS, S/O LATE HP SWAMY GANESH NO287, PURANA MATADA ROAD, HOLEHONNUR, BHADRAVATHI TQ, SHIVAMOGGA DIST - 577 227. 3. H. P SUVARNA AGED ABOUT 59 YEARS, W/O LATE HP SWAMY GANESH NO. 287, PURANA MATADA ROAD, HOLEHONNUR, BHADRAVATHI TQ, SHIVAMOGGA DIST - 577 227. …PETITIONERS (BY SRI. SUNIL KUMAR S, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 AND: 1. STATE OF KARNATAKA BY HOLEHONNUR P.S. REPRESENTED BY SPP, HIGH COURT BUILDING COMPLEX, BENGALURU - 560 001. 2. B S VEDAMURTHI, AGED 68 YEARS S/O LATE B SOMASHEKHARAPPA, ASHOKANAGARA II, VILLAGE, BHADRAVATHI TQ, SHIVAMOGGA DIST, KARNATAKA - 577 227. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. NARASIMHAMURTHY C.D, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE FIR AND COMPLAINT IN CRIME NO. 412/2024 REGISTERED BY THE HOLEHONNUR P.S FOR OFFENCES PUNISHABLE UNDER SECTION 329(4), 352, 115(2), 3(5) OF BNS WHICH IS NOW PENDING ON THE FILE OF THE HON'BLE ADDL. CIVIL JUDGE AND JMFC 1 COURT, BHADRAVATHI IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 ORAL ORDER This petition is filed seeking questioning of the proceedings in Crime No.412/2024 for the offence punishable under sections 329(4), 352, 115(2) and 3(5) of BNS, 2023. 2. The second respondent, a senior citizen, lodged a complaint alleging that he has two sons, namely, Shubhakar and Bhanuprakash B, both of whom are married. His wife passed away about three years ago, and ever since, he has been residing with his younger son, Bhanuprakash B. The complainant has further stated that his elder son, Shubhakar, along with his friend Ravi Kumar, had borrowed a sum of `5,00,000/- from the first petitioner/accused No.1. It is alleged that his son has been making payments ranging from `15,000/- to `20,000/- per month and has already repaid a sum of `4,50,000/-, leaving a balance of `50,000/- payable. However, the grievance of the complainant is that petitioner No.1/accused No.1 was still insisting that a sum of - 4 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 `8,00,000/- is due and payable. It is further alleged that on 09.11.2024, petitioner No.1, accompanied by the other accused persons, came near the complainant, abused him, and created a scene. On the very same day, the complainant claims to have approached the police station, where he was advised to file a formal complaint. 3. It is further alleged that on 16.12.2024, at about 12.30 p.m., petitioner No.1 along with the other accused barged into the house of the complainant, abused him, and also slapped his elder son, Shubhakar. Based on this incident, a complaint was lodged on 18.12.2024, culminating in registration of Crime No.412/2024 for the aforesaid offences. 4. Learned counsel appearing for the petitioners, adverting to the complaint averments, contends that the dispute is purely civil in nature and the mere act of demanding repayment of money advanced by petitioner No.1 cannot by itself constitute any criminal offence, much - 5 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 less the offences invoked in the FIR registered in the present case. He further submits that petitioner No.1 has already filed a private complaint under Section 200 of the Code of Criminal Procedure, which has been taken cognizance of by the learned Magistrate, and proceedings are now pending in C.C.No.3870/2025 against the complainant’s son. 5. Per contra, learned counsel for respondent No.2 has filed a memo along with certain photographs to substantiate the allegation that all three petitioners had indeed visited the residential house of respondent No.2. Referring to these photographs, he submits that sufficient material is available to proceed against the petitioners and hence prays that this Court ought not to exercise its discretion in their favour. 6. The learned High Court Government Pleader has also opposed the petition, submitting that the matter is - 6 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 now seized before the learned Magistrate and that this is a fit case to be tested in trial. 7. Upon perusal of the complaint, before venturing into the merits of rival contentions, this Court considers it appropriate to extract the contents of the complaint itself, as the same would shed ample light on whether the second respondent/complainant, in an attempt to shield his son from the lawful demand of repayment made by petitioner No.1, has resorted to misuse of the police machinery by initiating a criminal prosecution. The contents of the complaint are as under: "ಾನು ಈ ೕಲ ಂಡ ಾಸದ ಾಸಾರುೇೆ, ನನೆ ಇಬರು ಗಂಡು ಮಕ ದು!. "#ಯ ಮಗ ಶುಭಕರ, ಎರಡೇ ಮಗ (ಾನುಪ*+ಾ, - ಆರುಾೆ . ಇವ#ಬ#ಗೂ ಮದುೆ 1ಾ2ದು!. ಇಬರು 3ೇ4ೆ3ೇ4ೆ5ಾ ಾ6ಸು7ದು!, ನನ8 9ೆಂಡ7 ಈಗ ಮೂರು ವಷ;ಗ ಂ<ೇ ಮೃತಪ?@ದು!. ಾನು ನನ8 A#ಯ ಮಗ (ಾನುಪ*+ಾ, - ಇವ4ೊಂBೆ ಾಸಾರುೇೆ ನನ8 ಮಗಾದ ಶುಭಕರನು8 ತನ8 ಸCಂತ ವDವ9ಾರ+ಾ ಶುಭಕರ ಮತು ಅವನ Fೆ8ೕ"ತ ರ ಕು1ಾG ಅಗರದಹ I ಇವನು 9ೊೆ9ೊನೂ8ರು ನಂಜುಂಡFಾCKLಂದ 5 ಲM ರೂ ಹಣ Fಾಲ 1ಾ2 ಅವರ 5ಾವO<ೋ -PಂQ +ೆಲಸ+ೆ 9ಾAರುಾ4ೆ. ಶುಭಕರ ಮತು ರ ಕು1ಾG ಇಬರು ಮಧD ಮನFಾಪಾ +ೆಲಸ Sಂ7ರುತ<ೆ. 9ಾಾ ನಂಜುಂಡFಾCK ಅವರ7ರ 5 - 7 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 ಲM ಲM ರೂ ಹಣ ಪTೆBರುವOದ+ೆ ಪ*7 7ಂಗಳV 15000 ದಂೆ 20 ಕಂತು +ೊ?@ರುಾ4ೆ . 9ಾಗೂ ಮಧDವ7;5ಾದ 7ಮXಯD 6<ಾ!ಪOರ ಇವ#ಂದ 1.5 ಲM ರೂYಾL ಹಣ ಸಂ<ಾಯಾರುತ<ೆ 5 ಲMದ 4.5 ಲM ರೂ ಜಮಾ 3ಾA 50,000 ರೂYಾL +ೊಡವO Bರುತ<ೆ ನಂಜುಂಡFಾCK ಅದವನು ಇನು8 8 ಲM ರೂ +ೊಡುವOದು Sೕನು ಎಂದು Bಾಂಕ 9.11.2024 ರ ಮೆಯ ಹ7ರ ಬಂದು ೇದಮೂ7;5ಾದ ನನ8 ಹ7ರ ಗುಂTಾವೃ7 1ಾ2ದನು ಅವ7ನ Bನೇ 9ೊೆ9ೊನೂ8ರು Zೕ[ \ಾ]ೆ ಬಂದು ದೂರು Sೕ2ರುೇೆ. ಸಂಬಂಧಪಟ@ವರ ಕ4ೆL6 SೕವO Fಾಲ +ೊಟ@ವರ ೕ_ೆ ಕಂYೇಂ` +ೊ2 ಎಂದು 9ೇ <ಾಗ ಇದುವ4ೆಗೂ ಕಂYೇಂ` +ೊ?@ಲ Bಾಂಕ 16/12/2024 ರಂದು ಮaಾDಹ8 12:30 ಗಂbೆೆ ಏ+ಾಏA ನನ8 ಮೆಯ ಹ7ರ ಬಂದು 1) ನಂಜುಂಡFಾCK 2) dೆeೕ-f 3) ಅವರ ಾL ಏ+ಾಏA ಮೆ ಒಳೆ ನುh ಅಾDಚD ಶಬ!ಗ ಂದ ಸೂೇಮಗೇ, 3ೋ ಮಗೆಂದು 3ೈದು ನನ8 ಮಗ ಶುಭಕರನ ಕYಾಳ+ೆ 9ೊTೆBರುಾೆ .ಈ ಘಟೆ ನTೆದ BನBಂದ ನನ8 ಮಗಾದ ಶುಭಕರನು8 ಮೆ -ಟು@ ಎlೕ 9ೋದು! ಾವOಗಳV ನನ8 ಮಗನ m3ೈn ನಂಬG 9535631234 ೆ +ಾn 1ಾ2ದ4ೆ 6Co ಆp ಬರುತ<ೆ ಾವOಗಳV ನಮX ಸಂಬಂqಕರು Fೆ8ೕ"ತರ ಎ_ಾ ಕTೆ rಾರ 1ಾ2ದರು ಎಯೂ ಪೆ ಇರುವOBಲ. ನಂಜುಂಡFಾCK ಮತು ಇವನ ತಮX dೆeೕ-f ಮತು ಅವರ ಾL ನಮX ಮೆೆ ಅ7ಕ*ಮ ಪ*ೇಶ ಅಾDಚsಾ 3ೈದು ಹ_ೆ 1ಾ2 tೕವ 3ೆದ#+ೆಯನು8 9ಾAರುವ ೕಲ ಂಡ 3 ಜನರ ೕ_ೆ ಸೂಕ +ಾನೂನು ಕ*ಮ ಜರಸ3ೇ+ೆಂದು +ೋರುೇೆ." 8. On a closer examination of the complaint averments, it is evident that respondent No.2/complainant himself acknowledges that his son had availed a hand loan from the first petitioner. While the complainant seeks to contend that his son has substantially repaid the said hand - 8 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 loan, the petitioners, on the other hand, assert that the complainant’s son had in fact borrowed a much larger sum of `15,00,000/-. It is also borne out from the record that a complaint under Section 138 of the Negotiable Instruments Act, 1881 has been instituted by the first petitioner and the same is presently pending consideration before the learned Magistrate. 9. Be that as it may, this Court is not unmindful of the increasing tendency where criminal law is set into motion with an oblique motive, often to overawe, intimidate, or thwart legitimate claims of adversarial parties. It is therefore incumbent upon this Court, in an appropriate case, to look beyond the mere form of allegations and examine the underlying motive behind launching a criminal prosecution. 10. The complaint extracted hereinabove unmistakably discloses that the complainant himself admits that his elder son, Shubhakar, had availed a loan - 9 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 from the first petitioner. The mere fact that the first petitioner, accompanied by his family members, had visited the residence of the complainant and demanded repayment, cannot by itself give rise to a criminal offence. The further allegation that the first petitioner had allegedly slapped the complainant’s son, even if accepted on its face, only indicates a minor altercation. The photographs produced along with the complaint substantially support this position. They reveal that while a verbal exchange appears to have taken place between the first petitioner and Shubhakar, the other petitioners are simply seated and not indulging in any overt act. Indeed, the complainant himself is depicted as comfortably seated on a sofa, and there is no material to suggest that any abusive language was directed at him. 11. It thus becomes apparent that the dispute is essentially civil in nature, relating to repayment of a monetary loan, and has been given a colour of criminality by the complainant in order to shield his son from the - 10 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 legal consequences of non-payment. It is also pertinent to note that the first petitioner has already pursued his remedy by filing a private complaint under Section 200 of the Code of Criminal Procedure for an offence punishable under Section 138 of the Negotiable Instruments Act, which has been taken cognizance of by the learned Magistrate and is now pending in C.C.No.3870/2025. 12. In the considered view of this Court, compelling the petitioners to undergo the ordeal of a criminal trial on the basis of such allegations, which are manifestly civil in nature, would amount to harassment and humiliation, particularly when the complainant himself acknowledges the existence of the underlying loan transaction. The son of the complainant, having availed the loan, cannot escape liability by invoking the criminal process through his father. Therefore, in the circumstances of the case, and having regard to the pending proceedings in C.C.No.3870/2025, this Court is satisfied that the - 11 - HC-KAR NC: 2025:KHC:37860 CRL.P No. 724 of 2025 continuation of the impugned criminal proceedings would be an abuse of process of law. 13. Accordingly, the proceedings initiated in Crime No.412/2024 are hereby quashed. ORDER i. The criminal petition is hereby allowed; ii. The proceedings in Crime No.412/2024 registered by Holehonnur police station, insofar as the petitioners are concerned, are hereby quashed and set aside. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 4 CT: BHK