- 1 - HC-KAR NC: 2025:KHC:46756 CRL.P No. 12682 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.12682 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. PRADEEP KUMAR S/O SUNDAR SHERIGHAR AGED 39 YEARS RESIDING AT 2ND CROSS MISIJID ROAD DEEPANJALINAGAR BANGALORE – 560 061. 2. BHARATH RAMACHANDRA S/O RAMACHANDRA S AGED 33 YEARS RESIDING AT KALYANI MOTORS NAYANDAHALLI BANGALORE – 560 039. 3. SATISH SHETTY S/O C.K.SHANKAR AGED 40 YEARS RESIDING AT 55/1 11TH CROSS, 9TH MAIN GAJENDRANAGAR MUNESHWARA BLOCK BANGALORE – 560 026. …PETITIONERS (BY SRI. AVINASH P, ADVOCATE FOR SRI. BHARAMAGOUDRA PRABHUGOUDA V, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46756 CRL.P No. 12682 of 2025 AND: 1. THE STATE OF KARNATAKA BY THE SUB-INSPECTOR OF POLICE, BYATARAYANAPURA POLICE STATION BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECUTOR ATTACHED TO HIGH COURT BANGALORE – 01 2. SRI. KUMAR. M S/O. MANIKAM. C AGED ABOUT 45 YEARS RESIDING AT: 4/27, KUDIYANA STREET THARAPURAM, OMALURU, TALUK SELAM, TAMILNADU …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS VIDE ANNEXURE-A IN C.C.NO.4248/2017 AND THE FIR IN CR.NO.341/2016 REGISTERED BY THE RESPONDENT NO.1 BYTRAYANAPURA P.S FOR THE OFFENCES P/U/S 143, 144, 147, 148, 341, 504, 506, 435, 120(B) R/W 149 IPC AND 2(a) PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT 1981, NOW PENDING ON THE FILE OF THE XLVI ACMM, BENGALURU, AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:46756 CRL.P No. 12682 of 2025 ORAL ORDER Heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1-State and perused the material on record. 2. The petitioners are seeking to quash the proceedings in C.C.No.4248/2017 pending before XLVI Additional Chief Metropolitan Magistrate, Bengaluru. 3. FIR is registered in Crime No.341/2016 of Byatarayanapura Police Station, Bengaluru City, on a complaint lodged by one Kumar M., against 40 to 50 unknown persons for offences punishable under Sections 143, 144, 147, 148, 341, 504, 435, 307 r/w 149 of Indian Penal Code and Section 2(a) of the Prevention of Destruction and Loss of Property Act, 1981. 4. Charge sheet is filed against the accused Nos.1 to 19, wherein the petitioners are arraigned as accused Nos.3, 6 and 8 respectively. Further, while filing charge - 4 - HC-KAR NC: 2025:KHC:46756 CRL.P No. 12682 of 2025 sheet, Section 307 of IPC was deleted and Sections 506 and 120B of IPC were invoked. 5. The incident is alleged to have taken place on 12.09.2016 at about 02.30 p.m., near Kalyani Motors Maruti Showroom, Nayandahalli Junction, Mysuru Road, Bengaluru City. It is alleged that about 40 to 50 miscreants had assembled at the spot, protesting the release of water from Cauvery river to Tamil Nadu, holding stones, iron rods, clubs etc., shouted slogans, threatened the complainant and set fire to his lorry, causing huge loss to him and further, they attempted on the life of the complainant etc. 6. Admittedly, the FIR was registered after a delay of 2 days i.e., on 14.09.2016, at about 12 noon, against 40 to 50 unknown persons. As already mentioned, while filing the charge sheet, Sections 506 and 120B of IPC were invoked and Section 307 of IPC was deleted. The matter is pending before the trial Court since 2016. As on today, - 5 - HC-KAR NC: 2025:KHC:46756 CRL.P No. 12682 of 2025 charges are not framed. It is relevant to mention that, as per mahazar, except one wooden club and three stones, no other weapons allegedly used by the mob are recovered. The said club and stones were seized from the spot. 7. A careful perusal of the entire material on record does not indicate as to on what basis these petitioners are arraigned as accused in this case, when it is specifically stated in the FIR that mob consisting of 40 to 50 persons committed the offence. The descriptions of those persons are not also given in the FIR. When this Court finds that there are no sufficient materials collected by the prosecution against the petitioners to proceed against them, further proceedings pending before the trial Court since 2016, even without framing charges as on today, is an abuse of process of the Court. Hence, the following: ORDER i) The Criminal Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:46756 CRL.P No. 12682 of 2025 ii) The proceedings in C.C.No.4248/2017 (Crime No.341/2016 of Byatarayanapura Police Station) pending before the learned XLVI Additional Chief Metropolitan Magistrate, Bengaluru, insofar as petitioners/accused Nos.3, 6 and 8 are concerned, are quashed. I.A.No.1/2025 does not survive for consideration. The same is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE BSS List No.: 1 Sl No.: 40