- 1 - HC-KAR NC: 2025:KHC:38568 CRL.P No. 11301 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11301 OF 2025 BETWEEN: SRI. HEMANTH G N S/O NAGAPPA, AGED ABOUT 39 YEARS, R/AT NO.11, TIPPAGONDANAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE, KARNATAKA. …PETITIONER (BY SRI. SRINIDHI S., ADVOCATE FOR SRI. YATHISH S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHANNAGIRI POLICE STATION, CHANNAGIRI TALUK, DAVANAGERE, KARNATAKA. 2. SRI. ANAND S/O OF HALESHAPPA, AGED ABOUT 40 YEARS, R/AT, KAGATHURU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE, KARNATAKA. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR, COMPLAINT AND CHARGE SHEET AT ANNEXUREA, B AND C IN CRIME NO.129/2024 AND CC NO.115/2025 FOR OTHE OFFENCE P/U/S 323, 324, 355, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38568 CRL.P No. 11301 of 2025 504, 506 R/W 34 OF THE IPC, 1860 REGISTERED BY 1ST RESPONDENT POLICE, WHICH IS NOW PENDING BEFORE THE 1ST ADDL.CIVIL JUDGE AND JMFC, AT CHANNAGIRI IN CC NO.115/2025, ORDER TO STALL THE ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking quashing of the proceedings pending in C.C.No.115/2025 arising out of the Crime No.129/2024 for the offence punishable under Sections 323, 324, 355, 504, 506 and 34 of IPC on the file of the 1st Additional Civil Judge and JMFC at Channagiri. 2. The case of the prosecution, as projected in the charge sheet, is that on 13.03.2024 at about 01.10 p.m., respondent No.2–complainant was summoned to the Police Station on the basis of a complaint lodged by the present petitioner–accused No.1. It is alleged that upon the arrival of respondent No.2 at the Police Station, the petitioner–accused No.1 suddenly started assaulting the complainant over a dispute relating to a site, while at the - 3 - HC-KAR NC: 2025:KHC:38568 CRL.P No. 11301 of 2025 same time using abusive language against him. It is further alleged that accused Nos.2 and 3, who had accompanied the petitioner–accused No.1, also joined in the assault. A Police Officer, who claims to have personally witnessed the incident, is stated to have immediately lodged a complaint, which culminated in the registration of a crime. After completion of investigation, the Investigating Officer has now filed a charge sheet against the petitioner and others. 3. Learned counsel for the petitioner, while reiterating the grounds urged in the petition, has vehemently contended that the entire dispute is essentially of a civil nature concerning immovable property, and therefore, the registration of a criminal case against the petitioner was wholly unwarranted. It is further submitted that the petitioner–accused No.1 himself had lodged a complaint earlier against respondent No.2 and his family members in respect of the very same dispute, in which investigation is still pending and no charge sheet has yet - 4 - HC-KAR NC: 2025:KHC:38568 CRL.P No. 11301 of 2025 been filed. On the other hand, the Investigating Officer has chosen to file a charge sheet in the present case against the petitioner, thereby subjecting him to selective prosecution and criminal proceedings. 4. This Court has carefully examined the charge sheet materials. The contention of the petitioner that he was not present in the Police Station at the relevant point of time and that no such incident ever occurred, cannot be adjudicated in a petition filed under Section 482 of Cr.P.C. Such a defence necessarily involves appreciation of evidence, which is a matter for trial. The initial burden lies on the prosecution to establish the presence of the accused and to prove the allegations beyond reasonable doubt. Equally, it is open to the petitioner to demonstrate during the course of trial, by leading rebuttal evidence, that he was not present in the Police Station and that the alleged incident never occurred. - 5 - HC-KAR NC: 2025:KHC:38568 CRL.P No. 11301 of 2025 5. Once the Investigating Officer, after conducting investigation, has filed a charge sheet containing allegations of assault and abusive conduct, coupled with materials indicating that the complainant sustained injuries, the offence under Sections 323, 324, 355, 504, and 506 read with Section 34 of IPC stands prima facie attracted. At this juncture, this Court cannot exercise inherent jurisdiction to quash the proceedings merely on the ground that the prosecution version appears doubtful. 6. For these reasons, this Court is of the view that no indulgence can be granted to the petitioner under Section 482 of Cr.P.C. at this stage. Without expressing any opinion on the merits of the case, the following order is passed: ORDER The petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 13