- 1 - HC-KAR NC: 2025:KHC:25379 CRL.P No. 8658 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8658 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI ANIL SHETTY, AGED ABOUT 63 YEARS, SON OF SRI. SHEKAR SHETTY, RESIDING AT ABINETHRI KUNJAL ROAD, CHANTHARU VILLAGE, BRAHMAVARA, UDUPI DISTRICT – 576 213. 2. SRI. PRAVEEN KUMAR SHETTY AGED ABOUT 47 YEARS, SON OF SRI. SHEKAR SHETTY, RESIDING AT ABINETHRI KUNJAL ROAD, CHANTHARU VILLAGE, BRAHMAVARA, UDUPI DISTRICT – 576 213. 3. SRI. SUPRITH BHANDARY AGED ABOUT 36 YEARS, SON OF SRI. PRAHLAD BHANDARY, RESIDING AT ABINETHRI KUNJAL ROAD, CHANTHARU VILLAGE, BRAHMAVARA, UDUPI DISTRICT – 576 213. …PETITIONERS (BY SRI. VIJAY KRISHNA BHAT M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY HEBRI POLICE STATION, HEBRI TALUK, UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25379 CRL.P No. 8658 of 2025 2. SRI. PREETHAM KUMAR PAYAS AGED ABOUT 58 YEARS, ASSISTANT SUB-INSPECTOR, HEBRI POLICE STATION, HEBRI TALUK, UDUPI DISTRICT – 576 112. …RESPONDENTS (BY SMT. SOWMYA R., HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION AND THEREBY QUASH THE ENTIRE PROCEEDINGS IN CC.NO.412/2025, ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, AT KARKALA AND THEREBY ACQUIT THE PETITIONERS FROM ALL THE CHARGES. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “a) Call for records in CC No.412/2025 on the file of the Additional Civil Judge and JMFC at Karkala; b) Allow this Petition and thereby quash the entire proceedings in CC No.412/2025 on the file of the Additional Civil Judge and JMFC at Karkala and thereby acquit the petitioners from all the charges; and c) grant such other and further reliefs deems fit under the circumstances of the Case, in the interests of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:25379 CRL.P No. 8658 of 2025 3. A perusal of the material of record will indicate that respondent No.2 – Assistant Sub-Inspector filed the impugned complaint against petitioner Nos.1, 2 and 5 and other accused persons registered as FIR in Crime No.11/2025 for the offences punishable under Section 191(2) of the Bharatiya Nyaya Sanhita, 2023 (for short “the BNS”). In pursuance of the said FIR, the Police Authorities conducted investigation and filed a charge sheet deleting the offence punishable under Section 191(2) of the BNS and by adding Section 194 of the BNS, which is currently pending in the impugned proceedings in C.C.No.412/2025. In this context, apart from the fact that the there are civil proceedings in relation to the subject matter of the complaint in O.S.No.122/2022 before the competent Civil Court, a perusal of the charge sheet material, statement of witnesses, is sufficient to come to the conclusion that the petitioner being Trustees of the family temple, cannot be held to be guilty of the offences alleged against them, since the dispute being essentially and overwhelmingly of a civil nature which cannot be given a criminal colour/flavour. Under these circumstances, continuation of the impugned criminal proceedings against the accused would amount to abuse of process of law and accordingly, - 4 - HC-KAR NC: 2025:KHC:25379 CRL.P No. 8658 of 2025 the impugned proceedings against the petitioners deserves to be quashed. 4. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned criminal proceedings in C.C.No.412/2025, pending on the file of the Additional Civil Judge and JMFC, Karkala, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 74