- 1 - NC: 2025:KHC-D:1461 CRL.P No. 103625 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103625 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. AVINASH BAJILAKERI S/O. PRABHAKAR NAYAK AGE. 37 YEARS, OCC. BUSINESS, R/O. ASHA NILAYA, DEVINAGAR, KINYA POST, TALPADI VILLAGE, TQ. AND DIST. MANGALORE. …PETITIONER (BY SRI. T.R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA POLICE INSPECTOR OF DHARWAD SUB URBAN P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. 2. SRI. KRISHNATH S/O. SHIVALINGA VAVARE AGE. 52 YEARS, OCC. JAIL STAFF (FDA), R/O. H.NO.2208, LAXMI NAGAR, HINDALGA, BELAGAVI, NOW AT CENTRAL JAIL, GOVT. QUARTERS, DHARWAD. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN C.C. NO. 3255/2021 (ARISING OUT OF DHARWAD OUT OF DHARWAD SUB URBAN P.S. CRIME NO.75/2020) DATED. 30/05/2020 FILED AGAINST THIS PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 332, 353, 504 AND 506 OF IPC IN SO FOR THIS PETITIONER HEREIN/ARRAYED AS ACCUSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:58 +0530 - 2 - NC: 2025:KHC-D:1461 CRL.P No. 103625 of 2022 ORAL ORDER The petitioner who is charge sheeted for the offence punishable under sections 332, 353, 504 and 506 of IPC is before this Court. 2. The case of the prosecution is that, on 28.5.2020 at 8.30 p.m., while the complainant was working in the legal cell of the Dharwad Central Prison, at that time, the petitioner-accused who was serving sentence, came to the office of the complainant, abused him in a filthy language, threatened him and slapped on his face. 3. Heard the learned counsel for the petitioner-accused, and the learned Additional Government Advocate for the respondents-State. 4. Admittedly, the alleged incident has taken place while the accused was serving sentence in the Dharwad Central Prison. The convicts who are serving sentence in Dharwad Central Prison were put back to the lock-up at 7.20 p.m., and the alleged incident had taken place at 8.30 p.m., which clearly discloses that the FIR was lodged to wreak vengeance and with revengeful intent. The incident has taken place on 28.5.2020 and the FIR was lodged on 30.05.2020. 5. In view of the above, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: - 3 - NC: 2025:KHC-D:1461 CRL.P No. 103625 of 2022 ORDER i) The criminal petition is allowed. ii) The impugned proceedings in C.C.No.3255/2021 pending on the file of the Prl.Civil Judge and JMFC Court Dharwad, insofar it relates to the petitioner is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 1 Sl No.: 45