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2025 DAILYLAW 77329 (KAR)

MUNISWAMY v. STATE OF KARNATAKA

CRL.P/10426/2025 · 2025-08-11

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31003 CRL.P No. 10426 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10426 OF 2025 BETWEEN: 1. MUNISWAMY S/O LATE KOTAIAH, AGED ABOUT 45 YEARS, 2. SMT. PUSHPAVATHY V., W/O MUNISWAMY, AGED ABOUT 40 YEARS, BOTH THE PETITIONERS ARE RESIDING AT NO. 97, VADDARA PALYA VILLAGE, HARAGADDE POST, JIGANI, NEAR MUNESHWARA TEMPLE, ANEKAL TALUK, BANGALORE DISTRICT - 560 105. …PETITIONERS (BY SRI. SRIKANTH N.V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHIKKABALLAPURA RURAL POLICE STATION, CHIKKABALLAPURA CIRCLE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31003 CRL.P No. 10426 of 2025 2. SAGAR GOUD, S/O JAMBANA GOUD, AGED ABOUT 38 YEARS, EMPLOYER IN CDDEP INDIA PVT LTD., R/A NO. B-601, J.G. HALUKUNDI, 6TH FLOOR, JALAVAYU HEIGHT, PEENYA PLANTATION, JALAHALLI, BANGALORE - 560 013. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASHING CHARGE SHEET IN CC NO.1320/2023 (CR.NO.61/2023) ON THE FILE I ADDL.CIVIL JUDGE AND JMFC, CHIKKABALLAPUR FOR THE O/P/US/ 324, 323, 427, 447, 504, 506 R/W 34 OF IPC AGAINST THE PETITIONERS HEREIN BASED ON THE COMPLAINT FILED BY THE 2ND RESPONDENT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners are seeking quashing of the proceedings pending in C.C.No.1320/2023 for the offence punishable under sections 324, 323, 427, 447, 504, 506 read with section 34 of IPC. - 3 - HC-KAR NC: 2025:KHC:31003 CRL.P No. 10426 of 2025 2. Heard learned counsel for the petitioners and learned High Court Government Pleader. Perused the records. 3. Facts leading to the case are as under: Respondent No.2 lodged a complaint resulting in the registration of Crime No. 61/2023. The prosecution alleges that the petitioners, along with 10 to 15 others, came near the entrance gate of the property bearing Sy. Nos. 47 and 48, illegally attempted to trespass into the premises belonging to CDDEP India Pvt. Ltd., hurled stones, and issued threats of dire consequences. It is further alleged that the trespassers broke the lock of the gate, assaulted the security guard, and damaged the CCTV camera. 4. The Investigating Officer, after conducting investigation, has filed a charge-sheet against the petitioners, which also includes the wound certificate of the injured. The contention of the petitioners that the dispute is purely civil in nature, and that respondent No.2 - 4 - HC-KAR NC: 2025:KHC:31003 CRL.P No. 10426 of 2025 has sought to give it a criminal colour, cannot be accepted at this stage. The records reveal that the suit filed by the petitioners was rejected under Order VII Rule 11 of CPC, and an appeal is presently pending. The material on record indicates that the incident was reported and, upon a detailed investigation, the Investigating Officer has laid a charge-sheet for the offences punishable under Sections 323, 324, 504, and 506 of the IPC. 5. In view of the wound certificates and other material enclosed with the charge-sheet, this Court is of the opinion that the matter discloses a prima facie triable case. The petitioners have not demonstrated any ground to warrant interference under Section 482 of the Cr.P.C. Accordingly, the criminal petition stands dismissed. Pending applications, if any, also stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK/CT: BHK