- 1 - HC-KAR NC: 2025:KHC:31446 CRL.P No. 10613 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10613 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: VENKATESH S/O GOVINDARAJU, AGED ABOUT 29 YEARS, C/OF HOUSE OF VISHAKANT, 1ST MAIN, 3RD CROSS, JAVAREGOWDA NAGAR, RAJARAJESWARI NAGAR, BANGALORE – 560 098. …PETITIONER (BY SRI. LAKSHMIKANTH K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01. 2. VENKATACHALAM S/O LATE CHINNATHAMBI, AGED ABOUT 45 YEARS, R/AT NO.51, MITTAPALLI VILLAGE, UTHANGARAI THALUK, KRISHNAGIRI, TAMILNADU - 635 001 …RESPONDENTS (BY SMT. SOWMYA.R, HCGP FOR R-1 NOTICE TO R-2 IS D/W) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS IN S.C.NO.165/2016 (IN CRN.O.165/2016) ON THE FILE OF LXVI ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU P.S. FOR THE OFFENCE P/U/S 427,143,148,147,324,435 R/W 149 OF IPC AND SEC.2(a) OF P.D.PP ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31446 CRL.P No. 10613 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “ WHEREFORE, it is respectfully prays that, this Hon’ble Court may be pleased to call for records in S.C.No.758/2019 ( in crime No.165/2016) on the file of LXVI Addl. City Civil and Sessions Judge at Bangalore of respondent Rajarajeshwari Nagar police and quash the proceedings in S.C.No.758/2019 (in crime No. 165/2016) on the file of LXVI Addl. City Civil and Sessions Judge at Bangalore Police station for the offences punishable under Sections 143, 148, 147, 435, 427, 324, 307 R/w 149 of IPC and Section 2(a) of P.D.PP Act, and pass such necessary order as this Hon’ble Court deems fit, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. Both counsel jointly submit that for the purpose of disposal of the present petition, notice to respondent No.2 may be dispensed with. Submission is placed on record and accordingly, notice to respondent No.2 is dispensed with at the risk of the petitioner. - 3 - HC-KAR NC: 2025:KHC:31446 CRL.P No. 10613 of 2024 3. A perusal of the material on record will indicate that on 12.09.2016, the respondent No.2-defacto complainant filed a complaint stating that on that day there were riots resulting in about 40-45 unknown persons committing vandalism against buses, vehicles etc., near KPN Travels, Rajarajeshwari Nagar, Bengaluru. In pursuance of the same, investigation was conducted and the respondent No.1 filed a charge sheet which is currently pending in S.C.No.758/2019 before the Trial Court for alleged offences punishable under Sections 143, 148, 149, 324, 427 and 435 of IPC and Section 2(a) of Prevention of Destruction and Loss of Property Act, 1981. The petitioner who is arraigned as accused No.15 in the impugned charge sheet and proceedings is before this Court by way of the present petition seeking quashing of the impugned proceedings and for other reliefs. 4. A perusal of the material on record will indicate that as stated supra, the name of the petitioner is not forthcoming in the impugned complaint and FIR which was lodged and registered against 40-45 unknown persons; it is only after investigation that the petitioner is sought to be arraigned as accused No.15 in the impugned proceedings. In this context, it is relevant to state that a - 4 - HC-KAR NC: 2025:KHC:31446 CRL.P No. 10613 of 2024 perusal of the charge sheet material including statements of witnesses at CW-1 to CW-67 and the documents produced along with the charge sheet is sufficient to come to the conclusion that there is absolutely no material to incriminate the petitioner – accused No.15 for the alleged offences; in fact, neither the alleged test identification parade nor the statements of witnesses establish the presence of the petitioner – accused No.15 at the spot on the date of the alleged incident. 5. Under these circumstances, in the absence of any material which would disclose the commission of the alleged offences by the petitioner, I am of the considered opinion that continuation of the impugned proceedings qua the petitioner would amount to abuse of process of law warranting interference by this Court in the present petition. 6. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned proceedings in S.C.No.758/2019 arising out of Crime No.165/2016 on the file of - 5 - HC-KAR NC: 2025:KHC:31446 CRL.P No. 10613 of 2024 LXVI Additional City Civil and Sessions Judge, Bengaluru for the offences punishable under Sections 143, 148, 147, 435, 427, 324, 307 r/w 149 of IPC and Section 2(a) of Prevention of Destruction and Loss of property Act, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL/MDS List No.: 1 Sl No.: 5