- 1 - HC-KAR NC: 2025:KHC:46893 CRL.P No. 11328 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11328 OF 2025 BETWEEN: 1. RAMACHANDRA M S/O MUNIYAPPA, AGED ABOUT 68 YEARS, R/AT 11/2, HSR LAYOUT SECTOR-3, ELLUKUNTE, BANGAORE SOUTH, BANGALORE. PIN 560 068 2. GOPALA. M @ GOPI S/O MUNIYAPPA, AGED ABOUT 63 YEARS, 3. HARISH BABU @ YOGESH BABU. G S/O. M. GOPALA, AGED ABOUT 39 YEARS, PETITIONERS NO.2 AND 3 ARE R/AT NO.11/2, 3RD CROSS, YELLUKUNTE MAIN ROAD, HSR LAYOUT, 3RD SECTOR, BANGALORE SOUTH, BANGALORE - 560 102. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46893 CRL.P No. 11328 of 2025 4. HARISH B.R. S/O M. RAMACHANDRA, AGED ABOUT 44 YEARS, R/AT NO. 11/2, 1ST FLOOR, HSR LAYOUT, SECTOR - 3, BEGUR HOBLI, BANGALORE SOUTH, BANGALORE - 560 102. 5. G. SUNIL BABU S/O M. GOPALA, AGED ABOUT 34 YEARS, R/AT NO.11/2, ELLUKUNTE MAIN ROAD, HSR LAYOUT, 3RD SECTOR, BANGALORE SOUTH, BANGALORE - 560 102. …PETITIONERS (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANDEPALYA POLICE STATION, BANGALORE, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01. 2. SMT. HEMAVATHI RAJ W/O NAGARAJ S, AGED ABOUT 38 YEARS, R/AT NO. 101, 4TH CROSS, MANGAMMANAPALYA MAIN ROAD, BOMMANAHALLI POST, BANGALORE CITY - 560 068. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 SRI. R. BHADRINATH, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:46893 CRL.P No. 11328 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET IN C.C.NO.25579/2024 OF RESPONDENT NO.1 BANDEPALYA POLICE STATION PENDING ON THE FILE OF THE IX ADDL. CHIEF JUDICIAL MAGISTRATE BENGALURU CITY FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 354, 323, 504, 506, 447 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: "Wherefore, it is respectfully prays that, this Hon'ble court may be pleased to call for the records in Crime.No.04/2024 in C.C.No.25579/2024 pending on the file of IX Addl. Chief Judicial Magistrate Bengaluru City and quash the Charge sheet in C.C.No.25579/2024 of Respondent No.1 Bandepalya police station, pending on the file of IX Addl. Chief Judicial Magistrate Bengaluru City, for the alleged offence punishable under sections 354, 323, 504, 506, 447 R/w 34 of IPC and pass such necessary order/s as this Hon'ble court deems fit, in the interest of justice." - 4 - HC-KAR NC: 2025:KHC:46893 CRL.P No. 11328 of 2025 2. A perusal of the material on record will indicate that the petitioners herein i.e. accused Nos.1, 5, 6, 7 and 8 along with accused Nos.10 to 14 had earlier approached this Court in Criminal Petition No.1281/2024 which was allowed by final order dated 22.07.2025. The said petition was allowed only in so far as accused Nos.10 to 14 are concerned as herein under - " i. The petition is hereby disposed of as withdrawn, insofar as petitioner Nos.1 to 9/accused Nos.1 to 9 are concerned, reserving liberty in favour of said petitioners/accused Nos.1 to 9 to approach this Court subsequently, after filing of the final report; ii. Insofar as the petitioner Nos.10 to 14/accused Nos.10 to 14 are concerned, the petition is allowed. The impugned proceedings in Crime No.4/2024 dated 04.01.2024, registered by the Bandepalya Police Station, now on the file of the VII ACMM at Bangalore, for the offences punishable - 5 - HC-KAR NC: 2025:KHC:46893 CRL.P No. 11328 of 2025 under Sections 143, 147, 354, 323, 504, 506, 447 r/w. Section 149 of IPC, qua petitioners No.10 to 14/accused Nos.10 to 14, are hereby quashed." 3. Liberty was reserved in favour of the petitioner to approach this Court subsequently after filing of final report. Accordingly, since the respondent filed charge sheet currently pending in CC No.25579/2024, the petitioners - accused Nos.1, 5, 6, 7 and 8 are before this Court by way of the present petition. 4. Heard learned counsel for the petitioner, learned HCGP for the respondent No.1 and learned counsel for respondent No.2 - defacto complainant and perused the material on record. 5. On perusal of the material on record comprising of the FIR, complaint, charge sheet material, statement of witnesses, documents, etc., will indicate that even after investigation, nothing is produced or placed on record by the prosecution to incriminate the petitioners for the alleged offices - 6 - HC-KAR NC: 2025:KHC:46893 CRL.P No. 11328 of 2025 and to indicate that the petitioner was guilty of commission of the alleged offences, I am of the considered opinion that continuation of the impugned proceedings qua petitioners would amount to abuse of process of law warranting interference by this Court in the present petition. 6. In view of the aforesaid facts and circumstances, I am of the view that the impugned proceedings deserve to be quashed. 7. Accordingly, this criminal petition is allowed. The charge sheet in C.C.No.25579/2024 of respondent No.1 Bandepalya Police Station pending on the file of the IX Addl. Chief Judicial Magistrate, Bengaluru City for the alleged offence punishable under Sections 354, 323, 504, 506, 447 r/w 34 of IPC is quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 3 CT-SG