Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35114 CRL.P No.1467/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.1467/2025
BETWEEN:
1.
MR. RAVICHANDRA S/O VENKATAPPA AGED ABOUT 44 YEARS R/AT. GOLLARAPALYA, HOSAHALLI VISHWANEEDAM POST, BENGALRUU 560091.
2.
RAMESH K.V.
S/O VENKATASWAMAIHA AGED ABOUT 39 YEARS KALLUPALYA, KASABA HOBLI KUNIGAL, KRS AGRAHARA TUMAKUR 572130.
3.
MR. PAVAN KUMAR G.H.
S/O HANUMANTHRAYAPPA AGED ABOUT 31 YEARS R/AT. GANDARAGOLIPRUA VILLAGE GANDRAGOLIPURA HOBLI NELAMNGALA TALUK BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. S.G SWAMY, ADV.,)
AND:
1.
STATE OF KARNATAKA THROUGH SOLDEVANALAHALLI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35114 CRL.P No.1467/2025
HIGH CORUT OF KARNATAKTA BENGLARUU 560001.
2.
MR. GANESH S/O SHIVAKUMAR AGED ABOUT 28 YEARS NO.22, MEDARAHALLI MAIN ROAD KEREGUDDADAHALLI CHIKKABANAVARA, BENGALURU. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1/STATE)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO CALL FOR THE RECORDS. QUASH THE ENTIRE PROCEEDINGS IN C.C NO.3612/2024, CRIME NO.128/2024 PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, AT BENGALURU RURAL, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 384 OF INDIAN PENAL CODE & ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition is filed seeking quashment of the proceedings pending in C.C.No.3612/2024 for the offence punishable under Section 384 of IPC.
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HC-KAR NC: 2025:KHC:35114 CRL.P No.1467/2025
2. The second respondent lodged a complaint against the present petitioners, who are stated to be running a cashew industry with about nine employees. The allegations in the complaint disclose that on 18.03.2024, when the second respondent had gone to Chikkamagaluru, the petitioners, travelling in a Mahindra Bolero Jeep bearing registration No. KA-01-MC-9579 and projecting themselves to be members of the “Human Rights Protection Committee” and “Anti-Corruption Committee,” visited the industry of the complainant and allegedly started demanding a sum of 15,000/- by threatening the workers. It is further stated that under threat, the employees of the second respondent paid an amount of 6,000/- to the petitioners and thereafter informed the complainant. On his return, the second respondent lodged a complaint before the jurisdictional police, which culminated in the filing of a final report by the Investigating Officer.
3.
Learned counsel for the petitioners, reiterating the grounds urged in the petition, contends that even if the allegations in the complaint and the charge-sheet material are accepted in toto, they do not disclose the commission of any
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HC-KAR NC: 2025:KHC:35114 CRL.P No.1467/2025
offence as alleged. It is his submission that continuation of the proceedings would amount to sheer abuse of process of law, and therefore, this Court may exercise its inherent jurisdiction to quash the same. 4. Per contra, learned HCGP appearing for respondent No.1, placing reliance on the charge-sheet material, strongly opposed the petition. He submits that the charge-sheet discloses specific overt acts attributed to the petitioners and that there is sufficient material to proceed against them. It is further pointed out that C.Ws.6 to C.W.10 are cited as eyewitnesses to the incident, apart from other documentary material collected during investigation. Therefore, at this stage, when prima facie case is made out, no indulgence under Section 482 Cr.P.C. can be granted to the petitioners. 5. On a specific query put to the learned counsel for the petitioners, it is not demonstrated under what lawful authority the petitioners had visited the industry belonging to the second respondent. No material is placed on record to establish that the petitioners were vested with any power,
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HC-KAR NC: 2025:KHC:35114 CRL.P No.1467/2025
statutory or otherwise, to enter the premises of the complainant or to conduct any form of inspection. 6. On the contrary, the charge-sheet material prima facie discloses serious allegations against the petitioners that they sought to project themselves as members of the so-called
“Human Rights Protection Committee” and “Anti-Corruption Committee,” and under that guise, demanded illegal gratification from the employees of the complainant by putting them under threat. Such allegations, by their very nature, are grave and cannot be lightly brushed aside at this stage. 7. Since the investigation has culminated in filing of the charge-sheet, and as there are specific allegations coupled with the statements of eyewitnesses supporting the case of the prosecution, this Court is of the considered view that it would not be proper to exercise its inherent jurisdiction to quash the proceedings. At this stage, in the absence of any material to show lawful authority of the petitioners, coupled with the seriousness of the allegations, no indulgence can be granted.
Needless to state, all observations made herein are only for the
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HC-KAR NC: 2025:KHC:35114 CRL.P No.1467/2025
purpose of consideration of this petition and shall not influence the trial. Accordingly, the criminal petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ST List No.: 1 Sl No.: 29