- 1 - HC-KAR NC: 2025:KHC-K:4992 CRL.P No. 200005 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 200005 OF 2024 BETWEEN: SHRI BASAVARAJ S/O ADEPPA, AGED ABOUT 35 YEARS, OCC: CIVIL POLICE CONSTABLE, (SHAKTINAGAR P S) NOW WORKING AT DEVADURGA POLICE STATION, AT: DEVADURGA, DIST: RAICHUR-584 101. …PETITIONER (BY SRI. ASHOK R. KALYANASHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY IT’S CIRCLE INSPECTOR OF POLICE, RAICHUR RURAL CIRCLE, RAICHUR-584 101. 2. SHRI HARSHAN P.R. S/O RAGHAVAN, AGED ABOUT 60 YEARS, OCC: CONTRACTOR, H.NO.4166, RAGHAVENDRA COLONY, SHAKTI NAGAR, DT: RAICHUR-584 101. …RESPONDENTS (BY SRI. GOPALA KRISHNA B. YADHAV, HCGP FOR R1; SRI. BASAVARAJ R. MATH, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:4992 CRL.P No. 200005 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) PRAYING TO QUASH THE ENTIRE PROCEEDINGS, IN SO FAR AS HE (PETITIONER/ACCUSED NO.31) IS CONCERNED, IN C.C.NO.3101/2022 ON THE FILE OF PRL. SR. CIVIL JUDGE AND CJM, RAICHUR INCLUDING THE ORDER DATED 06-04-2022 THEREIN TAKING COGNIZANCE AND ISSUING PROCESS AGAINST HIM AND THE PROCEEDINGS IN SUBSEQUENTLY NUMBERED S.C.19/2024 BEFORE PRL. SESSIONS JUDGE, RAICHUR AGAINST HIM FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 148, 323, 364(A), 448, 342, 395, 397, 504, 506(2), 120(B) R/W 149 IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has been arraigned as accused No.31 in the chargesheet filed by Shakti Nagar Police, Raichur in their Police Station Crime No.19/2020. 2. This petition is preferred under Section 482 of Cr.P.C., praying to quash the proceedings initiated against the petitioner in C.C.No.3101/2022 on the file of the Court of Principal Senior Civil Judge and CJM, Raichur, now pending in S.C.No.19/2024 on the file of Principal Sessions Judge at Raichur. - 3 - HC-KAR NC: 2025:KHC-K:4992 CRL.P No. 200005 of 2024 3. Heard the learned counsel Sri Ashok R. Kalyanashetty for petitioner, learned High Court Government Pleader for the State and learned counsel Sri Basavaraj R math for respondent No.2/defacto complainant. 4. On the basis of a complaint lodged by respondent No.2, aforementioned case was registered against 11 named accused, in respect of an incident which took place on 07.05.2020 and 08.05.2020. It is alleged that on 07.05.2020 at about 7.45 p.m., when the complainant was present in his house along with his family members, the accused named in the FIR came in a Baleno Car and motorcycles, dragged him into the car, abused him, assaulted and threatened him showing a dagger and demanded Rs.20,00,000/-. When he agreed to pay the amount, they left him saying that they will come on the next day. Further, on 08.05.2020 at about 2.20 p.m., the above named accused and others once again came to his house, confined his wife, children and his brother-in-law in a room, abused and assaulted him, threatened him showing a gun - 4 - HC-KAR NC: 2025:KHC-K:4992 CRL.P No. 200005 of 2024 and a dagger and snatched his mobile phone. Further, by threatening him, they got transferred a sum of Rs.5,00,000/- through online and demanded that he shall pay a sum of Rs.15,00,000/- to them etc. 5. Admittedly, petitioner is not named as an accused in the FIR. Chargesheet is filed against 32 accused for the offence punishable under Section 143, 147, 148, 323, 364A, 448, 342, 395, 397, 504, 506(2), 120B r/w 149 of IPC, wherein petitioner is arraigned as accused No.31. It is alleged that when the complainant told accused No.1 that he will lodge a complaint with the police, the said accused snatched his mobile phone and called this petitioner, working as a police constable at Shakti Nagar Police Station and had conversation with him saying that the complainant is not ready to pay the amount and whether he should be finished. It is further alleged that at that time the petitioner told the said accused that he will pay the amount and they should not harm him. - 5 - HC-KAR NC: 2025:KHC-K:4992 CRL.P No. 200005 of 2024 6. Petitioner approached this Court in Crl.P No.200517/2020 seeking to quash the proceedings. Since the investigation was pending, the said petition was dismissed by this Court vide order dated 04.11.2022, observing that he can challenge the chargesheet if he is named as an accused. 7. It is alleged that the petitioner had a conversation with accused No.1 on 08.05.2022. However, no such allegations are made when the complaint was lodged on 09.05.2020. The further statement of the complainant was recorded on 10.05.2020, wherein he has made such allegation against the petitioner. Except the said statement there are no materials collected during investigation to show that the petitioner has hatched a conspiracy with other accused persons to commit the offence. 8. Learned counsel for petitioner submitted that a Departmental enquiry was conducted against the petitioner and he was exonerated in the Departmental enquiry by an - 6 - HC-KAR NC: 2025:KHC-K:4992 CRL.P No. 200005 of 2024 order dated 31.10.2023. Copy of the said order is enclosed at Annexure-D to the petition. 9. A perusal of the order passed in the Departmental enquiry goes to show that the material collected in the present case was relied in the Departmental enquiry and on the same set of facts and material, enquiry was conducted and he was exonerated. 10. The Hon’ble Apex Court in Ashoo Surendranath Tewari v. The Deputy Superintendent of Police, EOW, CBI and another reported in 2022(1) Kar L.J 351 (SC) has held that ‘If on merits the allegation is found not sustainable at all and the person held innocent in the Departmental enquiry, criminal prosecution on same set of facts, circumstances cannot be allowed to continue, the underlying principle being the higher standard of proof in criminal case’. The said judgment is squarely applicable to the case on hand. - 7 - HC-KAR NC: 2025:KHC-K:4992 CRL.P No. 200005 of 2024 11. In the above facts and circumstances, the criminal proceedings initiated against the petitioner is an abuse of process of the Court and the same is liable to be quashed. Accordingly, the following: ORDER (i) Petition is allowed. (ii) The entire proceedings as against the petitioner/accused No.31 in S.C.No.19/2024 pending before learned Principal Sessions Judge, Raichur are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 19 Sl No.: 3