- 1 - HC-KAR NC: 2025:KHC:36462 CRL.P No. 8487 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 8487 OF 2025 BETWEEN: SHRI. KEB ANANDA S/O SHRI. CHANNAIAH, AGED ABOUT 45 YEARS, WORKING AS LINEMEN IN KPTCL, R/A KEB HOUSE, JPS COLONY, BHADRAVTHI TALUKU SHIVAMOGGA - 577 301. …PETITIONER (BY SRI. ANANTHAPADMANABHA IYER, ADVOCATE) AND: 1. STATE OF KARNATAKA BHADRAVATHI NEW TOWN POLICE STATION R/BY SPP, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. 2. SHRI. ROHAN S/O STALIN R/A 120/B, HUDCO COLONY, BHADRAVATHI - 577 301. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36462 CRL.P No. 8487 of 2025 NO.5005/2023 ON THE FILE OF THE IV ADDL. DIST. AND SESSIONS JUDGE SHIVAMOGGA SITTING AT BHADRAVATHI, SHIVAMOGGA, REGISTERED U/S 307, 504, 506, R/W 34 IPC, 1860, BEING ARBITRARY, ERRONEOUS, NOT MAINTAINABLE AND OPPOSED TO LAW EQUITY AND JUSTICE APART FROM BEING ABUSE OF PROCESS OF COURT, IN SO FAR AS THE PETITIONER HEREIN (ACCUSED NOS.3 IN T.C). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present petition is filed by the petitioner, who is arrayed as Accused No.3 in S.C. No.5005/2023 on the file of the learned Sessions Judge, seeking exercise of the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings pending against him for the alleged offences punishable under Sections 307, 504, 506 read with Section 34 of the Indian Penal Code. 2. The gist of the prosecution case, as could be gathered from the charge-sheet and complaint materials, is that on the date of the incident, the victim, Rohan, who was employed at - 3 - HC-KAR NC: 2025:KHC:36462 CRL.P No. 8487 of 2025 Saint Charles College, after completing his day’s work, was proceeding along with his friend towards Siddhapura in order to drop the latter. When they reached near “Ganesh Bakery” at Jannapura, they allegedly noticed Accused Nos.1 and 2 waiting there. It is alleged that Accused Nos.1 and 2, armed with a machete concealed in a polythene cover, chased the complainant with the intention of causing his death. The complainant, sensing imminent danger to his life, attempted to escape on his motorcycle; however, in the process, he lost control, the motorcycle skidded, and he fell on the ground. At that juncture, Accused Nos.1 and 2 are said to have assaulted him, while Accused No.3, who is the present petitioner, is alleged to have reached the spot along with another pillion rider and instigated Accused Nos.1 and 2 to eliminate the complainant. 3. Based on the complaint lodged by the victim, a crime was registered. On completion of the investigation, the Investigating Officer has filed a charge-sheet arraying the petitioner also as an accused for the offences noted above. The petitioner, it is stated, is an employee of the Karnataka Power - 4 - HC-KAR NC: 2025:KHC:36462 CRL.P No. 8487 of 2025 Transmission Corporation Limited (KPTCL) and, therefore, seeks quashing of the proceedings against him. 4. Learned counsel appearing for the petitioner has placed reliance on an endorsement issued by the petitioner’s employer—KPTCL—indicating that on the date and at the relevant time of the alleged incident, the petitioner was on official duty and had been assigned field work. It is contended that, even assuming the entire charge-sheet material to be correct on its face, the very presence of the petitioner at the scene of offence is not made out. It is urged that the continuation of criminal proceedings against him would, therefore, amount to an abuse of the process of the Court. 5. Per contra, the learned High Court Government Pleader, drawing the attention of this Court to the statements of prosecution witnesses recorded under Section 161 of the Cr.P.C., submits that CWs 2, 5, and 6 are cited as eyewitnesses to the occurrence. In their statements, they have categorically spoken about the presence of the petitioner at the scene and have attributed to him an overt act of instigating the other accused to assault the complainant. It is thus contended that - 5 - HC-KAR NC: 2025:KHC:36462 CRL.P No. 8487 of 2025 there are prima facie materials in the charge-sheet sufficient to proceed against the petitioner and that the petition for quashing is devoid of merit. 6. This Court, having bestowed its anxious consideration to the rival submissions and upon meticulous perusal of the charge-sheet and other material on record, is of the opinion that the endorsement relied upon by the petitioner, which purports to show that he was on official duty at the relevant time, is a matter touching upon the defence of the accused. The said document would require proof in accordance with law and, at this stage, cannot be looked into to displace the prosecution case. On the other hand, the statements of CWs 2, 5, and 6, who are cited as eyewitnesses, do disclose the presence of the petitioner and attribute to him a specific role in the commission of the offence. There is, therefore, material to justify the prosecution of Accused No.3 along with the other accused. 7. In such circumstances, this Court finds no valid ground to interdict the proceedings at the threshold. It is always open to the petitioner to rely on the endorsement issued by his - 6 - HC-KAR NC: 2025:KHC:36462 CRL.P No. 8487 of 2025 employer in the course of trial and, if so advised, to set up a plea of alibi by leading appropriate defence evidence. For the foregoing reasons and observations, this Criminal Petition is devoid of merit and is accordingly dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 27 CT: BHK