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2025 DAILYLAW 74651 (KAR)

YESU KRISHNA v. THE STATE OF KARNATAKA

CRL.P/14941/2025 · 2025-11-28

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49735 CRL.P No. 14941 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14941 OF 2025 BETWEEN: 1. YESU KRISHNA S/O BYRAPPA AGE ABOUT 50 YEARS R/AT NEAR GANGAMMA GUDI, V. V. EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114. 2. SRI MAHENDRA KUMAR J. Y. S/O YESU KRISHNA AGED ABOUT 25 YEARS R/AT NEAR GANGAMMA GUDI, V. V. EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114 3. SRI NARAYANAWAMY J. M. S/O MUNIYAPPA AGED ABOUT 34 YEARS R/AT NEAR GANGAMMA GUDI, V. V. EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114 4. SRI HEMANTHAKUMAR J Y AGED ABOUT 26 YEARS R/AT NEAR GANGAMMA GUDI, V V EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114 Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49735 CRL.P No. 14941 of 2025 5. SMT. AKKAYAMMA C/O MUNIYAPPA AGED ABOUT 54 YEARS, R/AT NO 115, JINNAGARA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT BENGALURU- 562114 6. SMT. MEENAKASHMI W/O YESU KRISHNA AGED ABOUT 44 YEARS R/AT NEAR GANGAMMA GUDI, V. V. EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114. 7. SMT. DEEPIKA V. M. C/O NARAYANASWAMY J. M. AGED ABOUT 30 YEARS, R/AT NO.115, JINNAGARA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT BENGALURU- 562114 …PETITIONERS (BY SRI. ANANDA V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THIRUMALASHETTIHALLI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE- 560001 2. SRI NAVEEN KUMAR S/O MUNISHAMI AGED ABOUT 32 YEARS, R/AT NO 115, JINNAGARA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, - 3 - HC-KAR NC: 2025:KHC:49735 CRL.P No. 14941 of 2025 BENGALURU RURAL DISTRICT BENGALURU- 562114. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE REGISTRATION OF FIRST INFORMATION REPORT IN CRIME NO.138/2023 FOR THE ALLEGED OFFENCE P/U/S 143, 147, 148, 323, 324, 307, 427, 504, 506, 149 OF IPC AFTER FILING CHARGE SHEET, THE RESPONDENT POLICE INCLUDED SECTION 326 OF CR.PC PENDING BEFORE THE ADDL.CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, HOSKOTE, BENGALURU RURAL DISTRICT INCLUDING THE CHARGE SHEET NUMBER 138/2024 PENDING UNDER C.C.NO.9375/2024 BEFORE THE ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT AT ANNEXURE-A AND C., AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the proceedings arising out of Crime No.138/2023 registered at Thirumalashettahalli Police Station, Hosakote, Bengaluru district. 2. FIR is registered on a complaint lodged by the second respondent against petitioners for the offence Punishable under Section 143, 147, 148, 323, 324, 307, - 4 - HC-KAR NC: 2025:KHC:49735 CRL.P No. 14941 of 2025 354, 427, 504, 506 read with Section 149 of IPC. Investigation is completed and charge sheet has been filed in this case. 3. While filing charge sheet, Section 307 and 354 of IPC have been deleted and Section 326 has been incorporated. 4. The contention of the learned counsel is that on account of a civil dispute, a false case is got registered against the petitioners after a complaint was lodged by petitioner No.1 in Crime No.136/2023 in the very same police station. It is contended that as a counter blast, the instant complaint was filed to wreak vengeance against the petitioners, though no such incident took place, as alleged. 5. It is further contended that the first petitioner filed a suit for permanent injunction in O.S.No.81/2023 before the II Additional Civil Judge and JMFC, Hosakote, against the father of the complainant namely Muniswamy @ Munishamappa and the said suit has been decreed and - 5 - HC-KAR NC: 2025:KHC:49735 CRL.P No. 14941 of 2025 the defendants therein are permanently restrained from interfering with the property in question. 6. The contention of the learned counsel is that in view of the civil dispute and the complaint lodged by the first petitioner herein, a false complaint is filed against the petitioners, after an inordinate delay. 7. In the complaint in Crime No.138/2023, which is now under challenge, it is alleged that on 16.05.2023 at about 10:50 - 11:00 a.m., the petitioners formed an un-lawful assembly, armed with clubs, chopper etc., abused the second respondent and others and took objection for cultivating the land and assaulted with chopper, long etc., and caused injuries to several persons. 8. It is pertinent to note that in respect of an incident which took place on the same day, there is a complaint lodged by the first petitioner. Even the said complaint was lodged on 21.08.2023 at the same time. The police having recorded the statements of the - 6 - HC-KAR NC: 2025:KHC:49735 CRL.P No. 14941 of 2025 witnesses including the injured witnesses, filed the charge sheet. 9. Exercising jurisdiction under Section 528 of the BNSS, this Court cannot conduct a mini trial. Having regard to the material on record, there is prima-facie case against the petitioners. Hence, no grounds are made to quash the proceedings. Petition is dismissed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 62