- 1 - NC: 2025:KHC-D:1216 CRL.P No. 102734 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102734 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. KUMAR PARASHURAM RAJU KASAI, AGE: 22 YEARS, OCC: DRIVER, R/O: 101/1, MANJARI, BELAGAVI-591 213. 2. KUMAR YOGESH S/O. BUDDHU BHIMANNAVAR, AGE: 21 YEARS, OCC: COOLIE, R/O: MANJARI, BELAGAVI-591 213. … PETITIONERS (BY SRI. SHARAD M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, ANKALI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SHRI. LAXMAN KALLAPPA MAYANNAVAR, AGE: 46 YEARS, OCC: LABOURER, R/O: MANJAR, TQ: CHIKKODI, BELAGAVI-591 213. … RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. MALLIKARJUN C.HUKKERI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., SEEKING TO QUASH THE PROCEEDINGS AGAINST PETITIONERS/ACCUSED NO.1 AND 2 IN CC NO. 1094/2022 PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC CHIKODI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 120(B), 153, 295, R/W 149 OF IPC, IN ANKALI PS CRIME NO.12/2022. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:16:22 +0530 - 2 - NC: 2025:KHC-D:1216 CRL.P No. 102734 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, accused Nos.1 and 2, have been charge-sheeted for offences punishable under Sections 143, 147, 120(B), 153, 295 read with Section 149 of the Indian Penal Code (IPC). 2. Initially, an FIR was lodged alleging that some unknown persons had garlanded the statue of Dr. Babasaheb Ambedkar with chappals. During the course of the investigation, the statement of the complainant and other witnesses was recorded. In their statements, it was allegedly stated that the act must have been committed by some miscreants, possibly belonging to the Kuruba community. The witnesses expressed suspicion regarding individuals from the Kuruba community. Based on these statements, the police arraigned the petitioners as accused, citing enemical terms between the petitioners and the complainant and other witnesses. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent-State. 4. Admittedly, the FIR was lodged against unknown persons. During the course of the investigation, the statements of the witnesses were recorded. However, these statements do not - 3 - NC: 2025:KHC-D:1216 CRL.P No. 102734 of 2022 attribute specific overt acts to the petitioners regarding garlanding the statue of Dr. Babasaheb Ambedkar with chappals. 5. The petitioners have been arraigned as accused solely based on the statements of the witnesses, who have allegedly expressed suspicion that the act might have been committed by the petitioners due to their enemical relationship with the complainant and other witnesses. There is no substantive evidence to substantiate the allegations against the petitioners. 6. In light of the above, the continuation of criminal proceedings based solely on suspicion, without any substantive evidence, would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in C.C.No.1094/2022 pending on the file of the learned II Additional Civil Judge and JMFC, Chikkodi, insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 3