- 1 - HC-KAR NC: 2025:KHC:32645 CRL.P No. 6603 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 6603 OF 2025 BETWEEN: 1. SRIDHARA S/O. MUNIVENKATAPPA, AGED ABOUT 30 YEARS, RESIDING AT S. DEVAGANAHALLI VILLAGE, SADALI HOBLI, SIDDLAGATTA TALUK, CHIKKABALLAPURA DISTRICT, PIN - 562105. 2. GANESH S/O. THIPPANNA, AGED ABOUT 21 YEARS, RESIDING AT THIPPAREDDYNAGENAHALLI VILLAGE, MANDIKALLU HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA, PIN - 562101. …PETITIONERS (BY SRI. NANJUNDAPPA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THE STATION HOUSE OFFICER, PERESANDRA POLICE STATION, GUDIBANDE CIRCLE, CHIKKABALLAPURA, REP. BY STATE PUBLIC PROSECUTOR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32645 CRL.P No. 6603 of 2025 HIGH COURT BUILDING COMPLEX, BENGALURU-560 001. 2. SRINATHA M.C., POLICE OFFICER AGED ABOUT 33 YEARS, CPC-80, PERESANDRRA POLICE STATION, CHIKKABALLAPURA, PIN - 562101. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (FILED U/S.528 OF BNSS) PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.541/2024 (IS ARISING OUT OF CR.NO.138/2024) OF PERESANDRA POLICE STATION, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 132, 352 OF THE BNS, PENDING ON THE FILE OF HON'BLE PRINCIPAL CIVIL JUDGE (JR.DN) AND J.MF.C. AT GUDIBANDI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:32645 CRL.P No. 6603 of 2025 ORAL ORDER This petition is filed seeking quashing of the proceedings in C.C. No.541/2024, arising out of a charge sheet filed for the offences punishable under Sections 132 and 352 of the Bharatiya Nyaya Sanhita, 2023. The case originates from a complaint lodged by respondent No.2, a police constable, who was on duty near Peresandra Cross. It is alleged that while respondent No.2 was discharging his official duty and making inquiries with the petitioner, the petitioner refused to hand over the keys of his motorcycle despite being directed to do so, and further obstructed the police officer when he attempted to seize the vehicle and take it to the police station. It is on these allegations of obstruction and use of criminal force that the present complaint came to be lodged, culminating in registration of a crime and subsequent filing of the charge sheet. - 4 - HC-KAR NC: 2025:KHC:32645 CRL.P No. 6603 of 2025 2. I have heard the learned counsel appearing for the petitioner and the learned Additional State Public Prosecutor representing the State. 3. The complaint has been perused. The second paragraph of the complaint assumes significance in the present context, and this Court deems it appropriate to reproduce the said portion, which reads as under: "ಸದ ಚಕ ಾಹನವನು ದು ಸದ ಆಾೆ ಅಾಾ ಮತು" #$ೈ& 'ಾತ(ಾಡು*"ರುವ ಬೆ- ಎ ಎ/ ಐ ರವರು ಪ2 ತನ 3ೆಸರು 45ಾಸ 6ೇಳ9ಾ ಗ;ೇಶ => *ಪ?ಣA, 21 ವಷC, DEಾF", ಬಲDಗರು, ಾಸ-*ಪ?Eೆ(ಾೇನಹHIಾಮ, JಕKಬ5ಾIಪLರ Mಾಲೂಕು ಎಂದು *Hದು ಸದ ಚಕ ಾಹನವನು Pಾ;ೆಯ ಬH Mೆೆದು6ೊಂಡು ಬರುವಂMೆ 6ೇHದು (ಾನು ಬರುವLಲ ೆಂದು ಏರು ಧTಯ 'ಾತ(ಾದು ಚಕ ಾಹನದ Uೕ 6ೊಡುವಂMೆ 6ೇHದು ಅದ6ೆK ಆಾಯು Uೕ ಯನು 6ೊಡVೆ Uಕ 'ಾಡು*"ದು ಆಗ ಅೆ ಬಂದ ತನ ಸಂಬಂಾದ 2ೕಧರ => ಮು ೆಂಕಟಪ?, 30 ವಷC, ಬಲDಗರು, ಏXYೕZC ನ 6ೆಲಸ, ಾಸ-ಎ/ VೇವಾನಹHI ಾಮ, 2ಡಘಟ\Mಾಲೂಕುರವರು ಚಕ ಾಹನವನು Pಾ;ೆಯ ಬH Mೆಗದು6ೊಂಡು 3ೋಗು*"ರು ಾಗ ಇಬ^ರು ನಮ_ನು ಸ6ಾC 6ೆಲಸವನು 'ಾಡದಂMೆ ಅಪ, ಮತು" ನಮ_ನು ಕುತು Yೕ/ ನನಮ_ಕಳದು `ಾ" ಆಯು" ಎಂದು ಅ ಾಚa ಶಬಗHಂದ $ೈರುMಾ"(ೆ. ಗ;ೇಶರವರು ಚಕ ಾಹನವನು =ಟು\ ಸbಳಂದ ಓ 3ೋದು ಅdೕ ಇದ 2ೕದರರವರನು ಮತು" ಚಕ ಾಹವನು ವಶ6ೆK ಪೆದು Pಾ;ೆಯ ಬH - 5 - HC-KAR NC: 2025:KHC:32645 CRL.P No. 6603 of 2025 Mೆೆದು6ೊಂಡು ಬಂದು 3ಾಜರುಪ*"ದು ಮುಂನ 6ಾನೂನು ೕ*ಯ ಕಮ ಜರುಸಲು ವರ ೕಡು*"ರುMೆ"ೕ(ೆ. " 4. On a careful reading of the second paragraph of the complaint, what emerges is that the petitioner was allegedly non-cooperative with respondent No.2, who was on duty at Peresandra Cross. This alleged non-cooperation is stated to have prompted respondent No.2 to lodge the complaint which resulted in the registration of the present crime. However, the records produced before this Court clearly disclose that, on the very spot of the incident, the petitioner was subjected to a penalty for violation of traffic rules. A sum of Rs.1,500/- was collected from him as fine, which is evidenced by the official receipt produced at page No.22 of the record. The nature of the violation is also not in serious dispute, it was found that the petitioner was riding his motorcycle while speaking over a mobile phone, which constitutes a traffic infraction and for which the penalty has already been imposed and paid. - 6 - HC-KAR NC: 2025:KHC:32645 CRL.P No. 6603 of 2025 5. Once it is evident that the respondent police official, in discharge of his duty, had already levied a fine and the petitioner has paid the same, the subsequent registration of a crime under Sections 132 and 352 of the Bharatiya Nyaya Sanhita, 2023, in respect of the very same incident, amounts to prosecuting the petitioner twice for what is essentially one and the same act. Having collected the fine, the matter ought to have rested there, and at best, the petitioner could have been warned not to repeat such conduct. The registration of a criminal case, filing of a charge sheet, and compelling the petitioner to face a protracted trial on such allegations, particularly when the monetary penalty has already been collected, would amount to subjecting him to unnecessary harassment and would fall within the ambit of abuse of process of law. 6. It is well-settled that the extraordinary jurisdiction of this Court under Section 482 of Cr.P.C. (now corresponding provisions under BNSS) is to be exercised - 7 - HC-KAR NC: 2025:KHC:32645 CRL.P No. 6603 of 2025 to prevent abuse of the process of law and to secure the ends of justice. In the facts of the present case, permitting the criminal prosecution to continue, despite the admitted imposition and payment of fine, serves no fruitful purpose and would only burden the petitioner with avoidable criminal proceedings. However, while quashing the proceedings, this Court deems it appropriate to issue a caution to the petitioner that he shall not indulge in any act of obstruction. ORDER i) The criminal petition is allowed. ii) The proceedings pending in C.C. No.541/2024, arising out of Crime No.138/2024 of Peresandra Police Station, for the offences punishable under Sections 132 and 352 of the Bharatiya Nyaya Sanhita, 2023, pending on the file of the Civil Judge and JMFC Court, Gudibande, are hereby quashed. - 8 - HC-KAR NC: 2025:KHC:32645 CRL.P No. 6603 of 2025 iii) The petitioner is, however, cautioned to extend full co-operation to officials discharging their lawful duties in future. Pending interlocutory applications, if any, stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE MCR List No.: 2 Sl No.: 3