- 1 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 3096 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI.PRABHU RAO K L S/O LATE LAKKOJI RAO AGED 42 YEARS R/O CHANNAKESHAVA GOWDA ST.GURAPPA GOWDRU BEEDHI BELUR TOWN, HASSAN-573115 2. SRI.MANJUNATH B M S/O MALLESHA AGED 35 YEARS NEAR POST OFFICE, BELUR TOWN HASSAN-573115 3. SRI. BALARAJU S/O ANNAPPA AGED 34 YEARS R/O SHIVAJYOTHI PANA BEEDI NEHRU NAGAR, BELUR TOWN HASSAN-573115 4. SRI. DHARMAPPA B V S/O LATE VENKOJI RAO AGED 46 YEARS R/O BALLENAHALLI VILLAGE MADIHALLI HOBLI, BELUR TQ Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 HASSAN-573128 5. SRI PURUSHOTHAM H S/O HALAPPA AGED 39 YEARS PERMANENT RESIDENT OF ELECTRICAL COLONY MUDIGERE, BAILLURKADIDAL CHIKKAMAGALUR DISTRICT, KARNATAKA-577132 6. SRI. PRASANNA S/O SHEKHARA AGED 30 YEARS R/O JAI BHEEM STREET, BELUR TOWN HASSAN-573115 …PETITIONERS (BY SRI.RAMESH, ADVOCATE) AND: 1. THE STATION HOUSE OFFICER BELUR POLICE STATION HASSAN-573115 REP BY HCGP HIGH COURT OF KARNATAKA BENGALURU-560001 2. SRI NAGESH A S I BELUR POLICE STATION HASSAN-573115 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1 & R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THEM IN C.C.NO.148/2022 (ARISING - 3 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 OUT OF CR.NO.285/2021 OF BELUR P.S.) PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C, BELUR FOR THE OFFENCES P/U/S 353 OF IPC. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners who arraigned as accused Nos.1 to 6 have filed under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings initiated against them in C.C.No.148/2022 on the file of Senior Civil Judge and JMFC., Belur (arising out of Cr.No.285/2021 of Belur PS), for the offence punishable under Sections 353 IPC. 2. In support of the petition, petitioners have contended that they are law abiding citizens having good reputation in the society. On 25.12.2021, petitioner No.1 K.L. Prabhu Rao, received a phone call from his wife Mamatha informing that she along with his mother Savithramma had gone to participate in Hanumajayanthi procession. While returning, they were walking on the foot - 4 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 path near post office. A car came from Mudigere side and dashed against Savithramma, as a result of which she sustained injuries and was shifted to the hospital. She was advised to be taken to Hassan hospital. 2.1 Immediately, petitioner No.1 with his brothers- in-law and friends went to the police station and found the driver and occupants of the case in a drunken state. He gave complaint. Though ASI who was the SHO registered the case in Cr.No.284/2021, in order to save the driver, he arrogantly refused to send the driver and occupants for medical test. He abused the petitioners and others and in a high handed manner registered case against them in Cr.No.285/2021. The Police Inspector who came to the police station also made the petitioners to stay in the police station over night and allowed them to go on the next day, after serving notice under Section 41(A) and (B). - 5 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 2.2 In this way, petitioners are implicated. They have not committed the alleged offences. In fact to help the accused in Cr.No.284/2021, respondent No.2 has hurriedly filed charge sheet in C.C.No.70/2022, as if statement was given by injured Savithramma and that she was rushed to the hospital by one Mohan Kumar, whereas she was taken to the hospital by her daughter-in-law Mamatha. In fact on 17.02.2022, the accused has pleaded guilty and paid fine. 2.3 The petitioners never obstructed respondent No.2 in discharge of his duties. A charge sheet is filed against them citing several eye witnesses. No incident as alleged in the charge sheet has taken place and continuation of the criminal proceedings would amount to abuse of the process of the Court and pray to allow the petition. 3. In support of the arguments, learned counsel for petitioner has relied upon the following decisions: - 6 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 (i) K.Dhananjay Vs. Cabinet Secretary and Ors. (K.Dhananjay)1 (ii) Ramesh Vs. State of Karnataka and Anr. (Ramesh)2 4. On the other hand learned High Court Government Pleader representing respondents submitted that on 25.12.2021, at 9.00 p.m, when respondent No.2 was on duty as SHO, petitioners who came to lodge complaint shouted at him demanding that the inmates of the car which caused the accident are possessing ganja and that it should be recovered. On hearing about the incident, when police inspector came and tried to pacify them, petitioners quarreled with him also and gave threat of calling the press people and thereby prevented the police officials discharging their duties. After conducted detailed investigation, charge sheet is filed. It makes out a strong prima facie case and pray to dismiss the petition. 1 Arising out of Spl.Leave Petition(Crl)No.5905/2022 Dt:21.10.2024 2 Crl.P.No.100090/2024 Dt: 04.03.2025 - 7 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 5. Heard arguments and perused the record. 6. From the material placed on record, it is evident that on 25.12.2021, the mother of petitioner No.1 was injured in a car accident and the driver and inmates were brought to the police station. After coming to know about the incident, when he and others reached the police station, the driver and inmates of the car were already in the police station. It appears on account of the mother of petitioner No.1 injured in the accident, petitioners were agitated and demanded that the medical examination of the driver should be carried out. Having regard to the fact that respondent No.2 was the SHO, he could not leave the police station and in this connection, some altercations have been taken place between him and the petitioners. 7. The petitioners have also made allegations that though the injured was rushed to the hospital by her daughter-in-law, in the charge sheet it is falsely stated that one Mohan Kumar rushed her to the hospital. Even - 8 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 though she was taking treatment in the hospital, the investigating officer has concocted her statement as though she appeared at the police station and gave statement. Since the offences punishable under Section 279, 337, 338 IPC and Section 181 of MV Act are not carrying compulsory imprisonment, the driver of the car pleaded guilty and paid the fine and the said matter has concluded. 8. Except stating that the petitioners shouted at the SHO and alleging that there is ganja inside the car and it should be seized, there are no allegations. On the other hand the petitioners claim that the driver who caused the accident and inmates were drunk and they wanted the SHO to send them to medical examination. Except the altercations between the parties, there are no other allegations which would be held to prevent the SHO from discharging his duties. In fact in K.Dhananjay and Ramesh, referred to supra, the criminal proceedings initiated against the accused were quashed on the ground - 9 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 that allegations against them are that there were altercations and shouting by the accused. These decisions are applicable to the case on hand. 9. Having regard to the above facts and circumstances, this Court is of the considered opinion that continuation of the criminal proceedings would amount to abuse of the process of the Court and as such liable to be quashed and accordingly the following: ORDER (i) Petition filed by the petitioners/accused Nos.1 to 6 under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings against accused Nos.1 to 6 in C.C.No.148/2022 (arising out of Cr.No.285/2021 of Belur P.S), on the file of Senior Civil Judge and JMFC, Belur for the offence punishable under Section 353 IPC is hereby quashed. - 10 - HC-KAR NC: 2025:KHC:27064 CRL.P No. 3096 of 2022 (iii) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 44