- 1 - HC-KAR NC: 2025:KHC:25344 CRL.P No. 1303 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 1303 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: KIRAN D S/O DEVARAJU AGED ABOUT 24 YEARS OCC: SOLAR LIGHT WORKER BELUR VILLAGE, KOTHATHI HOBLI, MANDYA TALUK-571478 …PETITIONER (BY SRI. ARCHANA MURTHY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MANDYA RURAL POLICE STATION MANDYA RURAL, MANDYA REPRESENTED BY S.P.P HIGH COURT, BANGALORE-09 2. DEVAMMA W/O LATE KARI GUNDE GOWDA OCC: AGRICULTURIST AGED ABOUT 58 YEARS HEMMIGE VILLAGE, KOTHATHI HOBLI, MANDYA TALUK, MANDYA-571478 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25344 CRL.P No. 1303 of 2022 SRI.NAVEEN KUMAR.S, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PURSUANCE OF THE CHARGE SHEET FILED BY THE RESPONDENT POLICE AGAINST THE PETITIONER FOR AN OFFENCE P/U/S 114, 354, 323, 447, 149, 143, 504, 341, 506, 427 OF IPC IN CR.NO.56/2020 IN C.C.NO.695/2020, PENDING ON THE FILE OF THE J.M.F.C COURT MANDYA. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner, who is arraigned as accused No.6 has filed this petition under Section 482 of the Code of criminal procedure, to quash the criminal proceedings initiated against him in C.C.No.695/2020 on the file of JMFC, Mandya, for the offences punishable under Sections 114, 143, 323, 341, 354, 427, 447, 504 and 506 r/w 149 of IPC, arising out of Cr.No.56/2020 of Mandya Rural PS. 2. In support of the petition, petitioner has contended that the initiation of criminal proceedings against him is illegal and invalid. Charge sheet does not make out - 3 - HC-KAR NC: 2025:KHC:25344 CRL.P No. 1303 of 2022 any prima facie case against him. The material placed in the charge sheet indicate that petitioner is not involved in the offences alleged. The statement under Section 161 of Cr.P.C, states that it is accused No.1 who assaulted Ramesh, Devamma and Pushpalatha and accused No.1 is a stranger to the petitioner. No specific overacts are attributed to the petitioner. Hence continuation of the criminal proceedings against the petitioner would amount abuse of process of the Court and pray to allow the same. 3. Learned High Court Government Pleader representing the respondent No.1 State and learned counsel representing respondent No.2/complainant would submit that according to the complainant land in Sy.No.39/1B belongs to her. On 24.01.2020, when complainant, her daughter Pushpalatha and her brother-in-law H.M.Ramesh @ Ravi went to the said land, all the accused persons, including the petitioner were there. They were leveling the land with JCB and when complainant and others objected for the same, they were abused and assaulted, resulting in injuries - 4 - HC-KAR NC: 2025:KHC:25344 CRL.P No. 1303 of 2022 requiring treatment and also threat was given to their life. Based on the complaint, case is registered and requires thorough investigation. In the light of the prima facie case, the criminal proceedings cannot be quashed and pray to dismiss the petition. 4. Heard arguments and perused the record. 5. Thus, according to the complainant on 24.01.2020 in between 5-00 to 5-30 p.m. when complainant, her daughter Pushpalatha and brother-in-law H.M.Ramesh @ Ravi went to her land in survey No.39/1B, accused No.1 H. M. Shankar was found levelling the land with the help of JCB by destroying mulberry crop. When he was questioned, he started abusing them in filthy language and assaulted complainant on her chest head and back. 5.1 When complainant tried to leave the land, accused No.1 wrongly intercepted her. When Pushpalatha came to rescue her, accused No.1 and the persons who were with him shouted that they should not be left alive and they should be - 5 - HC-KAR NC: 2025:KHC:25344 CRL.P No. 1303 of 2022 killed. Accused No.1 H.M. Shankar assaulted Pushpalatha on lower portion of her stomach, back and right shoulder with hands and kicked with legs. When H.M.Ramesh @ Ravi came to the rescue, accused No.1 and his supporters assaulted him on his chest and head. One Satyananda @ Papanna and Siddaraju who were proceeding on the road, came to their rescue and pacified the galata. While leaving accused No.1 and others gave threat saying that they would not be left alive. While leaving, the person who were supporting accused No.1 left the Dio scooter and Honda scooter at the place of incident. During the scuffle, gold chain 23 gms with dollar belonging to H.M.Ramesh is lost. Mulberry crop worth Rs.30,000/- is also destroyed. H.M.Ramesh @ Ravi was sent to the hospital in 108 ambulance. He is taking treatment as inpatient and complainant and her daughter went to the hospital in another vehicle. 6. Based on the complaint case was registered in Cr.No.56/2020 and investigation is taken up. The injury certificate pertaining to complainant, her daughter and - 6 - HC-KAR NC: 2025:KHC:25344 CRL.P No. 1303 of 2022 brother-in-law supports the case of the prosecution regarding the assault made on them. There are eye witnesses to the incident. After conducting detailed investigation charge sheet is filed against accused Nos.1 to 9, including the petitioner. When the complaint was filed, complainant was not knowing the names of other accused. However, their presence is referred to the complaint. During the course of their statements, the witnesses have spoken to about the presence of the other accused. In the light of prima facie material placed on record, it is necessary for the prosecution to be given opportunity to establish the allegations at the trial by identifying the persons including the petitioner. It is not a case for quashing the criminal proceeding. In the result that the petition fails and accordingly the following: ORDER i) Petition filed by the petitioner/accused No.6 under Section 482 of Cr.P.C, is rejected. - 7 - HC-KAR NC: 2025:KHC:25344 CRL.P No. 1303 of 2022 ii) The Registry is directed to send a copy of this order to the trial Court through email. In view of disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 17