- 1 - HC-KAR NC: 2025:KHC:37374 CRL.P No. 9294 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.9294 OF 2025 BETWEEN: 1. K. S. KUMARASWAMY @ JAYANNA S/O LATE SHANTHAVEERAPPA, AGED ABOUT 41 YEARS, 2. K K CHAITHRA D/O K S KUMARASWAMY @ JAYANNA, AGED ABOUT 18 YEARS, 3. JYOTHI K S W/O K. S. KUMARASWAMY @ JAYANNA, AGED ABOUT 35 YEARS, 4. KIRAN R S/O RAVI, AGED ABOUT 27 YEARS, 5. KIRANA @ KULLA KIRANA S/O GURUVA, AGED ABOUT 21 YEARS, 6. HEMANTHA S/O SURESH, AGED ABOUT 26 YEARS, ALL ARE R/O KUMBARAHALLI VILLAGE, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37374 CRL.P No. 9294 of 2025 YESLUR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573137. …PETITIONERS (BY SRI. K. VIJAYA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY YESLUR POLICE STATION, BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. 2. DHANUSHREE K P D/O PARAMESHA, AGED ABOUT 18 YEARS, R/AT KUMBRAHALLI VILLAGE, YESLUR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573137. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. HAREESH BHANDARY T., ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.51/2025 (ANNEXURE A) AND THE COMPLAINT DATED 02.05.2025 (ANNEXURE B) REGISTERED ON 02.05.2025 BY RESPONDENT NO.1 I.E, YESLUR POLICE AGAINST THE PETITIONER FOR THE ALLEGED O/P/U/S 115(2), 303(1), 351(2), 352 R/W 3(5) OF THE BNS 2023, NOW PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND JMFC AT SAKALESHPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37374 CRL.P No. 9294 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The Defacto complainant- respondent No.2 lodged a complaint against her uncle - accused No.1 and others alleging that accused No.1 has committed theft of 55 coffee bags and has physically assaulted her aunt and threatened to kill her aunt. Acting on the complaint, the same was culminated into registration of a crime in Crime No.51/2025. 2. The petitioners herein have assailed the registration of Crime No.51/2025 contending that the complaint lodged by the second respondent (hereinafter referred to as the “complainant”) is wholly false, malicious and constitutes a clear abuse of the process of law. It is the case of the petitioners that the complaint has been filed with an ulterior motive intended solely to wreak vengeance upon them. The petitioners further submit that the animus underlying the complaint is evident from the - 4 - HC-KAR NC: 2025:KHC:37374 CRL.P No. 9294 of 2025 contemporaneous civil proceedings instituted by petitioner No.1's brother, namely K.P.Manoj, who has filed O.S.No.29/2025 seeking a partition in respect of 963 coffee bags, which are identified as Schedule ‘B’ property in the said suit. 3. The petitioners have emphasized that an interim injunction had been granted in I.A. No.3 pertaining to the Schedule ‘B’ coffee bags and that despite such injunction, the complainant, in alleged collusion with her parents, lodged a frivolous criminal complaint with the sole object of harassing the petitioners. It is submitted that the dispute is fundamentally civil in character, arising out of property and family matters, and that allowing further investigation into the criminal complaint would amount to misuse of the criminal justice system. In view of these submissions, the petitioners pray for quashing of the proceedings in Crime No.51/2025. - 5 - HC-KAR NC: 2025:KHC:37374 CRL.P No. 9294 of 2025 4. The matter was heard at length, with learned counsel for the petitioners and learned counsel appearing for respondent No.2, as well as the Additional Special Public Prosecutor representing respondent No.1, placing their respective arguments before this Court. The Court has carefully perused the materials on record. 5. During the course of arguments, it was brought to the attention of this Court that a charge sheet has already been filed by the Investigating Officer in relation to Crime No.51/2025. Learned counsel for the petitioners, upon noticing this development, sought leave to withdraw the present petition and challenge the charge sheet separately. However, upon careful examination of the evidentiary materials, including the photographs produced by respondent No.2 and the contents of the First Information Report, it is apparent that the complainant’s aunt has sustained injuries. The existence of injuries to a family member in the context of the incident alleged in the - 6 - HC-KAR NC: 2025:KHC:37374 CRL.P No. 9294 of 2025 FIR underscores that this is a matter which falls within the domain of criminal trial and warrants trial. 6. The Court notes that the pendency of the civil partition suit filed by K.P.Manoj, which relates to Schedule ‘B’ property, does not detract from the necessity of criminal investigation and trial in the present case. While the Court recognizes that there is an ongoing civil dispute between the family members, it is equally evident that the materials on record, prima-facie, disclose an offence requiring judicial scrutiny. The fact that some family members have sustained injuries indicates that the dispute cannot be confined solely to civil proceedings. In the circumstances, this Court is not inclined to interfere with the investigation already undertaken by the Investigating Officer nor to grant any indulgence to the petitioners. 7. In view of the foregoing, the petitioners’ contention that the complaint is frivolous, motivated by ulterior purposes, or intended merely to harass them, - 7 - HC-KAR NC: 2025:KHC:37374 CRL.P No. 9294 of 2025 cannot be a ground to quash the proceedings at this stage. Considering the evidence of injuries sustained and the prima-facie case emerging from the records, the Court is of the considered view that this is a fit case for trial and the petitioners are required to face the legal process. Accordingly, the petition is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 0