- 1 - HC-KAR NC: 2025:KHC:32373 CRL.P No. 5006 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 5006 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. B.P. HARISH S/O LATE BASAVANAGOWDA, AGED ABOUT 63 YEARS, MLA OF HARIHARA, R/O 368/3, 9TH CROSS, 4TH MAIN, NEAR NANDI NURSING HOME, PJI EXTENSION, DAVANAGERE. …PETITIONER (BY SRI. VEKATESH P. DALWAI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY TOWN POLICE STATION HARIHARA, REPRESENTED BY THE HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. SRI. D. HANUMANTHAPPA B., S/O SMT. DANDYAMMA, AGED ABOUT 65 YEARS, R/AT NAGAPPA ASHRAYA COLONY, NO.121/160, 3RD CROSS, HARIHARA TOWN, DAVANAGERE DISTRICT-577601. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32373 CRL.P No. 5006 of 2023 3. SRI. HULUYAPPA, S/O Y. BARAMALINGOPPA, AGED ABOUT 52 YEARS R/AT 1ST CROSS, AK COLONY, HARIHARA TOWN, DAVANAGERE - 577601. 4. SRI. PRABHAKAR S/O MYLAPPA, AGED ABOUT 52 YEARS, R/AT 2ND CROSS, AK COLONY, HARIHARA TOWN, DAVANAGERE DISTRICT-577601. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 (P/H); SRI. M.T. NANAIAH, SR. COUNSEL FOR SRI. NARASIMHAMURTHY, ADV. FOR R2 (P/H); SRI. MUKESHA K.N., ADV. FOR R3 AND R4) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.304/2023 PENDING IN THE FILE OF PRL. DISTRICT AND SESSIONS COURT AT DAVANAGERE FOR THE OFFENCES PUNISHABLE UNDER SECTION 504 OF IPC SECTION 3(1)(R), 3(1)(O) OF SC ST PA ACT IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSCIAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:32373 CRL.P No. 5006 of 2023 ORAL ORDER The petitioner is an MLA from Harihara Constituency. On 16.05.2023 at about 7.20 a.m., certain persons belonging to the Scheduled Caste went to congratulate the petitioner on him being elected as an MLA. At that particular point of time the petitioner is said to have abused the complainant and a few other persons who had gone to congratulate him verbally by using abusive and unparliamentary words against their community. Aggrieved by it, respondent No.2 has filed a complaint with respondent No.1-police station and after investigation, a charge sheet is filed for the offences punishable under Sections 504 of IPC and 3(1)(r), 3(1)(o) of SC and ST(Prevention of Attrocities) Act, 1989. Subsequently, the learned trial Court has taken cognizance and has issued summons to the accused i.e., the petitioner herein. Aggrieved by the same, the present Criminal Petition is filed. - 4 - HC-KAR NC: 2025:KHC:32373 CRL.P No. 5006 of 2023 2. The case of the petitioner is that he is not guilty of the offences alleged and that two victims who had accompanied the complainant have given a statement under Section 164 of Cr.PC stating that no abusive words as alleged were used by the petitioner. It is further submitted that even otherwise the learned trial Judge has taken cognizance and has issued summons without application of mind. It is submitted that he has not assigned any reason for issuing summons to the petitioner. On the said ground, it is prayed that the entire proceedings in Spl.C.No.304/2023, pending on the file of the learned II Addl.District and Sessions Judge, Davanagere be quashed. 3. Per-contra, the learned Senior counsel appearing for respondent No.2 and also the learned High Court Government Pleader, upon instructions, submits that though two of the victims have made a statement under Section 164 of Cr.PC, they alone are not the victims and there are other victims also before whom the abusive - 5 - HC-KAR NC: 2025:KHC:32373 CRL.P No. 5006 of 2023 words have been used by the petitioner and the veracity of the truth can be found out only after a full-fledged trial and not otherwise. It is further submitted that the complainant stands by his allegations made in the complaint (respondent No.2 herein). 4. However, with regard to the cognizance taken by the learned Magistrate, the learned Senior counsel for respondent No.2 and also the learned High Court Government Pleader fairly submit that no reasons have been assigned and hence, the same may be set aside and the matter may be remanded back to the trial Court with a direction to the Magistrate to apply his mind independently based on the materials available and pass appropriate orders in accordance with law. Their submissions are placed on record. Hence, I proceed to pass the following: ORDER i. The Criminal Petition is hereby disposed of. - 6 - HC-KAR NC: 2025:KHC:32373 CRL.P No. 5006 of 2023 ii. The order of learned II Addl. District and Sessions Judge, Davanagere, passed in Special Case No.304/2023 dated 21.06.2023 issuing summons to the accused is hereby set aside. iii. The trial Court is directed to consider the material on record afresh and thereafter pass appropriate orders regarding taking cognizance and issuance of summons to the accused in Special Case No.304/2023. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 14