- 1 - NC: 2025:KHC-D:426 WP No. 101908 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 101908 OF 2021 (GM-RES) BETWEEN: 1. SRI. H.N. VEERABHADRAPPA S/O. H.N. PASHUPATHI, AGE: 41 YEARS, OCC: PRINCIPAL OF INDU INDEPENDENT P.U. COLLEGE, R/O: CHIRBI ROAD, KOTTURU TOWN, TAL: KOTTURU, DIST: BALLARI-583 134, NOW VIJAYANAGARA DISTRICT. 2. H.N. SANTOSH KUMAR S/O. H.N. DODDAVEERAPPA, AGE: 42 YEARS, OCC: CHAIRMAN OF INDIRA CHARITABLE AND EDUCATIONAL TRUST (R)., O/AT: D.NO.359/127, WARD NO.3, CHIRBI ROAD, KOTTURU TOWN, TAL: KOTTURU, DIST: BALLARI-583 134, NOW VIJAYANAGARA DISTRICT. … PETITIONERS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY S.H.O. KOTTURU POLICE STATION, KOTTURU, DIST: BALLARI-583 134, NOW VIJAYANAGARA DISTRICT. 2. SRI. RAJANNA N. S/O. NAGAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: KASAVANAHALLI, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:09:30 +0530 - 2 - NC: 2025:KHC-D:426 WP No. 101908 of 2021 KORACHARAHATTI VILLAGE, JAGALUR TALUK, DIST: DAVANAGERE -577 528. … RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; SRI. MANJUNATH D. KARIGANNAVAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE INITIATION OF CRIMINAL PROCEEDINGS REGISTERED IN CRIME NO.52/2021 BY THE 1ST RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 504, 506 OF IPC AND SECTION 3(1)(R) AND 3(1)(S) OF SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, VIDE ANNEXURE-J AND J1 DATED: 22.04.2021 AND ALL FURTHER PROCEEDINGS. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The registration of the First Information Report (FIR) for offences punishable under Sections 504, 506 of the Indian Penal Code and under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is challenged in this writ petition. 2. The second respondent filed an FIR alleging that his minor daughter, a student at Indu Independent Pre-University College, was harassed by the petitioners-Petitioner No.1, the Principal, and Petitioner No.2, the Chairman-regarding academic fees. The harassment allegedly led the daughter to attempt suicide by jumping from the third floor of the college, resulting in injuries. Additionally, the FIR states that the - 3 - NC: 2025:KHC-D:426 WP No. 101908 of 2021 petitioners were aware that the daughter belonged to a scheduled caste and scheduled tribe community. 3. The learned counsel for the petitioners contend that there is no material to substantiate the allegations of harassment or threats regarding fees. They argue that the second respondent had already paid the fees for the II PUC course, as shown in Annexures-L5 to L9. The petitioners suggest that the allegations were made to pressure them into a settlement or to extort money. 4. The learned High Court Government Pleader for respondent No.1-State and learned counsel for respondent No.2 argue that the FIR discloses a cognizable offence, and the veracity of the allegations should be investigated. Upon considering the arguments, the following: • The daughter of the second respondent was studying II PUC at the college. • On 03.04.2021, the daughter attempted suicide by jumping from the third floor and sustained injuries. • The petitioners have annexed a communication (Annexure-F) dated 15.04.2021, from the second respondent to the first petitioner. In it, the second respondent states that his daughter fell while climbing stairs, not due to harassment from the petitioners. The second respondent requested medical expenses, compensation, and a job for his daughter at the college but did not dispute the claim that the fall occurred due to the stairs. • The second respondent had already paid the fees for the academic year, as shown in the fee receipts (Annexures-L5 to L10), which the second respondent did not dispute. - 4 - NC: 2025:KHC-D:426 WP No. 101908 of 2021 • The allegations seem to stem from the petitioners’ refusal to bear medical expenses and provide compensation. 5. It is also noted that the college staff took the daughter to the hospital immediately after the accident and bore the medical expenses. Furthermore, the college has filed a suit (O.S. No. 132/2021) seeking permanent injunction, and the Trial Court granted a temporary injunction (Annexures-G & G1) against the second respondent and his daughter for disrupting the college’s administration. 6. In light of these facts, continuing the investigation against the petitioners would amount to an abuse of the process of law. 7. Hence, I pass the following: ORDER i) Accordingly, the writ petition is allowed. ii) The impugned FIR in Crime No.52/2021 registered by the Kottur Police Station, Kotturu Circle, Ballari, as against the petitioners herein, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK LIST NO.: 1 SL NO.: 57