- 1 - HC-KAR NC: 2025:KHC:47752 CRL.P No. 12665 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.12665/2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI PRADEEPKUMAR S/O SUNDAR SHERIGHAR AGED 39 YEARS R/AT 2ND CROSS, MISIJID ROAD, DEEPANJALINAGAR, BANGALORE-560061. 2. BHARATH RAMACHANDRA S/O RAMACHANDRA, S AGED 33 YEARS R/AT KALYANI MOTORS, NAYANDAHALLI, BANGALORE-560039. …PETITIONERS (BY SRI. AVINASH D., ADV. FOR SRI BHARAMAGOUDRA PRABHUGOUDA V., ADV.) AND: 1. THE STATE OF KARNATAKA BY THE SUB-INSPECTOR OF POLICE, BYATARAYANAPURA POLICE STATION, BENGALURU CITY. REP. BY STATE PUBLIC PROSECUTOR ATTACHED TO HIGH COURT. BENGALURU-01. 2. SRI. SHRINIVASA REDDY M. S/O MUNIRATNA REDDY, AGED ABOUT 54 YEARS, R/AT NO.4129, 2ND MAIN, B BLOCK, 2ND STAGE, RAJAJINAGAR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47752 CRL.P No. 12665 of 2025 BENGALURU-560 021, KARNATAKA. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P. IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CRIMINAL PROCEEDINGS VIDE ANNEXURE-A IN C.C.NO.4241/2017 AND THE FIR IN CRIME NO.340/2016 REGISTERED BY THE RESPONDENT NO.1 BYTRAYANAPURA P.S., FOR THE OFFENCE P/US/ 143, 144, 147, 148, 341, 506-B, 435, 149 OF IPC AND U/S.2(A) OF 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 ORAL ORDER Learned High Court Government Pleader takes notice for the State. 2. Petitioners are seeking to quash the criminal proceedings in C.C.No.4241/2017 pending on the file of the Court of XLVI Additional Chief Metropolitan Magistrate, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:47752 CRL.P No. 12665 of 2025 3. On the basis of a complaint lodged by one Sri.Shrinivasa Reddy.M., a case in Crime No.340/2016 was registered at Byatarayanapura Police Station, against 100 to 120 persons for the offence punishable under Sections 143, 144, 147, 148, 448, 435, 427 read with 149 IPC and Section 2(a) of the Prevention of Destruction and Loss of Property Act, 1981. 4. It is alleged that on 12.09.2016 at about 03.00 p.m., about 100-120 people and out of them about 30-35 people were holding stones and clubs and they entered the complainant's godown, damaged the glass, table, chairs etc., and set fire to the godown and damaged the Canter vehicle bearing registration No.KA-01-B-3797 and caused loss to the tune of Rs.8,25,000/-. 5. Admittedly, the FIR is registered against 100- 120 persons. The description of those persons are not given in the FIR. The charge sheet is filed against accused Nos.1 to 22 wherein, petitioners are arraigned as accused - 4 - HC-KAR NC: 2025:KHC:47752 CRL.P No. 12665 of 2025 Nos.13 and 15 respectively. While filing the charge sheet, Section 427 of IPC has been deleted. 6. From the charge sheet materials it is not forthcoming as to on what basis the petitioners are arraigned as accused in the case. When admittedly the FIR was registered against 100-120 persons, without there being any sufficient materials to file charge sheet against the petitioners, arraigning them as accused in the case is an abuse of process of law. Furthermore, the FIR was registered against 100-120 persons, but the charge sheet is filed only against 22 accused. Even though a request was made that the further investigation regarding other accused would be taken up, even after a lapse of 9 years no such investigation has been taken up or concluded. For the aforesaid reasons, the following: ORDER (i) Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:47752 CRL.P No. 12665 of 2025 (ii) The entire proceedings as against the petitioners/accused Nos.13 and 15 pending in C.C.No.4241/2017 on the file of the Court of XLVI Additional Chief Metropolitan Magistrate, Bengaluru is quashed. (iii) I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE NC CT:bms List No.: 1 Sl No.: 40