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2025 DAILYLAW 75916 (KAR)

MR K DHANANJAYA v. STATE OF KARNATAKA

CRL.P/3061/2022 · 2025-10-27

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42517 CRL.P No. 3061 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 3061 OF 2022 BETWEEN: 1. MR. K.DHANANJAYA AGED ABOUT 46 YEARS S/O LATE K.KRISHNAPPA PRESENTLY R/AT NO.48 8TH CROSS, 12TH MAIN RAGHAVENDRA BLOCK SRINAGAR, BENGALURU-560 050. …PETITIONER (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY INDIRANAGAR POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SRI. K.NAGESHWARAPPA, HCGP) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.08.2019 PASSED BY THE COURT OF XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BANGALORE IN Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42517 CRL.P No. 3061 of 2022 CRL.R.P.NO.25062/2017 AND THEREBY CONFIRMED THE IMPUGNED ORDER DATED 06.04.2017 PASSED BY THE COURT OF 10TH ADDL CMM, BANGALORE IN CRIME NO.367/2011 AND ETC. THIS PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The criminal petition is filed with the following prayers: "a) Quash the impugned order dated 19-08- 2019 passed by the court of XXVI addl. City Civil and Sessions Judge, Mayo Hall, Bangalore in Crl.R.P.No.25062/2017 and thereby confirmed the impugned order dated 06-04-2017 passed by the court of 10th Addl. CMM, Bangalore in Crime No.367/2011, and b) Direct the court of 10th ACMM, Bangalore to pass an order on B report filed by the police in Crime No.367/2011 on the basis of the protest petition filed by the petitioner and thereafter to take cognizance under Section 190(1)(a) of Cr.P.C. for the offences punishable under Sections 341, 323, 504 r/w 34 I.P.C. and proceed further in the matter as contemplated under Chapter XV of Cr.P.C. and grant such other and further reliefs as this - 3 - HC-KAR NC: 2025:KHC:42517 CRL.P No. 3061 of 2022 Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity." 2. There was a scuffle in a BMTC bus bearing route no.380/1 on 23.09.2011 at about 11.15 a.m., which resulted in a complaint and counter complaint being filed by the petitioner as well as some other persons against the petitioner. It is submitted that after investigation, police report was filed against the petitioner, in which he has been acquitted. In respect of the complaint filed by the petitioner, after investigation, 'B' report has been filed by the police. Thereafter the petitioner filed his objections to the said 'B' report. The learned trial Court recorded his sworn statement and heard the petitioner and thereafter accepted the 'B' report. Aggrieved by the same, the petitioner preferred Crl.Rev.P.No.25062/2017 which also has been dismissed. Against the said acceptance of 'B' report and dismissal of the Criminal Revision Petition, the present criminal petition has been filed. 3. It is alleged by the petitioner that it was in fact he who was assaulted illegally by the accused named by him in his complaint and that he is innocent. It is further submitted that - 4 - HC-KAR NC: 2025:KHC:42517 CRL.P No. 3061 of 2022 the police also assaulted him in the police station. It is also contented that the trial Court without following the due process has accepted the 'B' report. 4. The records produced disclose that the petitioner has deposed before the Magistrate when he was produced, that he has not been tortured by the police. There is not even a single person who has given a statement in favour of the petitioner herein. On the contrary, all witnesses have given their statements against the petitioner. The allegations of the petitioner is not supported by any independent eye witness. The investigation reveals that the complaint of the petitioner is not true. However, to give an additional opportunity the trial Court recorded his sworn statement when it was not really required to do so, upon the petitioner filing his objections to the 'B' report. In my opinion, the 'B' report filed by the police is satisfactory. The petitioner has relied upon the decisions of this Court in Crl.P.No.9904/2021 and Crl.P.No.201842/2023, the facts of which are different from the instant case and they do not come to the rescue of the petitioner. The petitioner has failed to show how the said decisions come to his rescue. - 5 - HC-KAR NC: 2025:KHC:42517 CRL.P No. 3061 of 2022 5. I do not see any error in the orders passed by the trial Court or the Revision Court. For the aforementioned reasons, the petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 18