- 1 - HC-KAR NC: 2025:KHC:30377 CRL.P No. 11281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11281 OF 2025 BETWEEN: SAGAR PARAMASHIVAIAH S/O PARAMASHIVAIAH AGED ABOUT 39 YEARS R/AT DODDAVADDAGERE MADHURE HOBLI, DODDABALLAPURA TALUK - 561 204, PERMANENT R/AT NO.2 1ST MAIN, 2ND A CROSS, HESARAGHATTA MAIN ROAD, NAGASANDRA POST BENGALURU - 560 073. …PETITIONER (BY SRI. KESHAVAMURTHY, ADV.) AND: 1. STATE OF KARNATAKA BY DODDABELAVANGALA POLICE STATION DODDABALLAPURA SUB DIVISION BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. PRASANNA KUMAR V.S S/O LATE SAVANDAIAH AGED ABOUT 43 YEARS R/AT DODDAVADDAGERE MADHURE HOBLI, DODDABALLAPURA TALUK, BENGALURU DIST - 561 204. …RESPONDENTS (BY SRI M.R. PATIL, HCGP FOR R-1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30377 CRL.P No. 11281 of 2025 NO.4922/2024 ARISING OUT OF CR.NO.132/2024 OF DODDABELAVANGALA P.S, FOR THE O/P/U/S 351(2) OF THE BNS 2023, PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC, DODDABALLAPURA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned HCGP is directed to accept notice to respondents. 2. The petitioner, who is arraigned as Accused No.1 in Crime No.132/2024, has approached this Court being aggrieved by the charge sheet filed by the Investigating Officer. The said proceedings are now pending before the learned Magistrate in C.C. No.4922/2024 for the offence punishable under Section 351(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal - 3 - HC-KAR NC: 2025:KHC:30377 CRL.P No. 11281 of 2025 Procedure, seeking quashing of the charge sheet and all further proceedings. 3. The primary submission advanced by the learned counsel for the petitioner is that, on account of the complaint lodged by the petitioner himself, a separate crime had already been registered against respondent No.2 and other accused persons in respect of the very same incident. It is contended that in the said incident, the petitioner had sustained injuries and was the victim. According to the petitioner, the present complaint which culminated in registration of Crime No.132/2024 is nothing but a counter-blast, filed as an afterthought and with the sole intention of retaliating against the petitioner. It is further urged that the said complaint came to be lodged only after a lapse of one week from the date of the alleged incident, which itself casts serious doubt on its genuineness. - 4 - HC-KAR NC: 2025:KHC:30377 CRL.P No. 11281 of 2025 4. On the strength of these assertions, learned counsel would submit that the allegations in the complaint are inherently improbable, that no prima facie case is made out against the petitioner, and that the prosecution is manifestly attended with mala fides. It is argued that the criminal proceedings are a sheer abuse of process of law, instituted only to dilute and overshadow the serious allegations contained in the complaint lodged earlier by the petitioner. 5. Having given anxious consideration to the rival submissions made by the learned counsel for the petitioner and the learned High Court Government Pleader, and upon perusal of the material placed on record including the charge sheet papers, this Court finds that the veracity or otherwise of the allegations levelled in the complaint cannot be gone into at this stage in proceedings under Section 482 of the Cr.P.C., particularly when the Investigating Officer has already completed the investigation and laid the final report. - 5 - HC-KAR NC: 2025:KHC:30377 CRL.P No. 11281 of 2025 6. In situations involving a case and a counter- case arising from the same incident, it is not permissible for this Court to selectively appreciate or dissect the allegations in one case while ignoring the other. The assessment of truthfulness of the rival versions and the reliability of the evidence adduced are matters to be considered by the Trial Court during the course of trial. Since the charge sheet discloses material which, if unrebutted, would warrant a trial for the offences alleged, this Court is of the considered opinion that it would be inappropriate to exercise inherent powers to quash the proceedings at the threshold. 7. Accordingly, without expressing any opinion on the merits of the rival contentions or the ultimate outcome of the trial, this petition stands dismissed. All contentions of the parties are left open to be urged before the Trial Court at the appropriate stage. - 6 - HC-KAR NC: 2025:KHC:30377 CRL.P No. 11281 of 2025 Pending I.A.s, if any, do not survive for consideration and accordingly, stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 67