- 1 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10350 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: SHRI HANUMANTHARAJU A S/O ANJANEYA AGED ABOUT 54 YEARS, R/AT DOOR NO. 2989, MARUTHI NILAYA, GANESH TEMPLE ROAD, CHANNAKESHAVA TEMPLE STREET, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT-562 123 …PETITIONER (BY SRI. PRASANNA KUMAR P, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NELAMANGALA TOWN POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BR AMBEDKAR ROAD, OPP VIDHANA SOUDHA BENGALURU-560 001 2. AV KUMAR AGED ABOUT 41 YEARS, POLICE INSPECTOR NELAMANGALA TOWN PS, NELAMANGALA TOWN, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 BENGALURU DISTRICT-562 123 …RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S 482 OF CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1.QUASH THE CHARGE SHEET DATED 26.08.2022 IN C.C.NO.10026/2022 ARISING OUT OF CR.NO.100/2022 OF THE RESPONDENT NO.1/POLICE FOR THE OFFENCE P/U/S 143, 147, 148, 114,323,329,384,307,353,332,504,506,149 OF IPC AS AGAINST 11 ACCUSED PERSONS IN SO FAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED, WHICH IS PENDING ON THE FILE OF LEARNED II ADDL.CIVIL JUDGE AND J.M.F.C, NELAMANGALA IN C.C.NO.10026/2022 (PRODUCED VIDE ANNEXURE-C) AND ETC., THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.1 has filed this petition under Section 482 Cr.P.C to quash the criminal proceedings initiated against him in C.C.No.10026/2022 on the file of II Addl.Civil Judge and JMFC., Nelamangala, for the offence punishable under Sections 143, 147, 148, 114, 323, 329, 384, 304, 353, 332, 504, 506 r/w Section 149 IPC. - 3 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 2. In support of the petition, petitioner has contended that he used to play rummy games at his residence with his friends and family. He was constantly harassed by respondent No.1 Police and several raids have been conducted on his house by respondent No.1 Police illegally, without any orders from the jurisdictional Courts or superior officers. 2.1 In this connection, petitioner filed complaints before the Superintendent of Police, Bengaluru, Karnataka State Human Rights Commission and Tahsildar, Nelamangala and also with Karnataka Lokayukta. Despite the same, respondent No.1 Police did not stop the harassment. Left with no other alternative, petitioner filed W.P.No.6028/2020 for a direction to the respondent No.1 not to interfere with the lawful activities carried out in the house of petitioner. On 20.07.2020, interim directions were given till further orders. It was disposed of on 01.10.2020, with a direction to the petitioner to approach the appropriate forum. Accordingly, petitioner made - 4 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 representations to the Superintendent of Police, Bengaluru Rural District, President of Police complaints Authority, Bengaluru District and Inspector General of Police, Bengaluru to take action against the erring police officials. 2.2 When the said complaints were under the consideration, the respondent No.1 Police in order to pressurize the petitioner to withdraw the complaints, constantly conducted illegal surveillance on the petitioners' residence without any orders from the jurisdictional Court. The same is captured in the CCTV camera installed at the house of petitioner. 2.3 When respondent No.1 Police failed in their attempts to coerce the petitioner in withdrawing his complaints, on 06.07.2022, based on the first information given by respondent No.2 A.V.Kumar, Inspector, case is registered in Cr.No.100/2022 against petitioner and 10 other accused persons and charge sheet is filed on 26.08.2022 in C.C.64/2022, alleging that the accused persons are involved in illegal activities at the residence of - 5 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 petitioner and respondent No.2 has secured permission from the Dy.Superintendent of Police, Nelamangala Sub- division. 2.4 It is alleged that when raid was conducted Poker cards and alcohol packets were found. Petitioner abused respondent No.2 and others. He also instigated accused Nos.2 to 11 to assault the police personnel. Accordingly, they were assaulted. Petitioner grabbed the collar of respondent No.2 and dragged him holding his uniform. He was also assaulted on his chest and his gold chain was broken. Similarly, accused No.3 assaulted respondent No.2 on his neck with hands and during the scuffle the buttons of uniform of respondent No.2 were broken and he was given a blow on his head with a club with intention of causing his death, but the blow fell on his hand. CWs-17 and 18 intervened. The petitioner also gave threat to respondent No.2 with dire consequences. Accused No.4 to escape pushed respondent No.2 to the ground. CW-26 shifted respondent No.2 to the hospital. Without proper - 6 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 appreciation of the material on record, the learned Magistrate has taken cognizance and issued process. 2.5 The allegations does not attract the provisions for which charge sheet is filed, including the offence punishable under Section 307 IPC. Several improvements are made in the statement of the witnesses. The medical certificate is issued after a delay of nearly one month. Respondent No.2 was never subjected to any physical examination. The recoveries made by the investigating officer are contrary to the procedure prescribed. Only to take vengeance against the petitioner and to force him to withdraw the complaints filed against respondents, a false case is registered. Continuation of the proceedings would amount to abuse of the process of the Court and hence, the petition. 3. In support of his arguments, learned counsel for petitioner has relied upon the following decisions: - 7 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 (i) The State Vs. Gopala Poojari (Gopala Poojari)1 (ii) Shahid Mushraf Vs. State of Karnataka (Shahid Mushraf)2 4. On the other hand learned counsel representing the respondent No.2 and learned High Court Government Pleader for respondent No.1 State would submit that on 06.07.2022, at 11.30 p.m, ASI M.D.Nagaraj, visited Government Hospital, Nelamangala and recorded the statement of respondent No.2 and on the basis of the same, registered the case in Cr.No.100/2022. The statement reveal that on 06.07.2022, at 8.40 p.m, respondent No.2 received credible information regarding illegal activities carried out by 10-15 persons in the house of petitioner Hanumantharaju. In this regard respondent No.2 secured written permission from the Dy.Superintendent of Police, Nelamangala to conduct raid. Accordingly, he summoned witnesses and apprised them 1 Crl.A.No.1416/2000 Dt:14.08.2007 2 Crl.RP.No.1409/2006 Dt:06.08.2008 - 8 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 about the information. He along with panch witnesses and staff proceeded to the house of petitioner and found accused Nos.1 to 11 including the petitioner. 4.1 When he was making enquiry, suddenly petitioner caught hold of collar of his uniform and pushed him around, as a result of which the button of his uniform shirt came out. He abused respondent No.2 as to who has authorized them to come to his house. Accused No.2 Bevinaguddegowda snatched his gold chain. The other accused also assaulted the staff with hands and kicked with legs. Out of them, one person gave severe blow with his fist on the chest of respondent No.2. Petitioner picked up a club and gave a blow on the head of respondent No.2, but his staff Basavaraj and Keshavananda prevented him. All the 11 accused along with the 5 motorbikes founds at the spot were taken to the police station. Since, respondent No.2 suffered chest pain, he was taken to the hospital and admitted. - 9 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 4.2 Based on the statement given by respondent No.2, concerned police have registered case in Cr.No.100/2022 and taken up investigation. After conducting detailed investigation, charge sheet is filed. It makes out a strong prima facie case. The allegations are required to be established in a full fledged trial and pray to dismiss the petition. 5. Heard arguments and perused the record. 6. Thus petitioner who is arraigned as accused No.1 is seeking quashing of criminal proceedings initiated against him contending that even though he and his friends play Rummy in his residence, consistently they are hounded by the police by filing one or other cases. In this regard he had made several complainant to Superintend of Police, State Human Rights Commission and Tahsildar and Karnataka Lokayukta. He has also filed WP No.6028/2023 for direction which came to be disposed of to approach appropriate - 10 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 forum. He has also filed complaint before the President of police complaint authority to take action against respondent No.1. In this background, in a high handed manner respondent No.2 raided his house and removed CCTV camera and other furniture and filed a false complainant implicating petitioners and others. The alleged injuries suffered by respondent No.2 clearly indicate that false allegations are made and continuation of the criminal proceedings would amount to abuse of the process of the Court. 7. Thus accused No.1 is seeking quashing of the criminal proceedings initiated against him by contending that he and his friends play Rummy in his house by contributing Rs.1000/- to 1500/- each. They spent Rs.800/- for purchasing playing cards, spend Rs.2000/- for food and Rs.2000/- for drinks and remaining amount would be kept for expenses towards their annual trip. However, the Nelamangala police are repeatedly interfering with a demand - 11 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 for bribe and when he refused to pay the same, consistently cases are being filed. This case is also one such incident. Relying upon the decision of Anant Swamy Vs. State of Karnataka of 1982, the petitioner is contending that playing Rummy is not an offence and when he refused to pay bribe to the Nelamangala police, he and other accused are being targeted. He has also produced documents to show that against the concerned police has given complaints to police, complaint authority, IGP and also sought permission to file case against head constable Basavaraj and PC Harish Kumar and in this background, the concerned police have targeted them and filed false complaint and continuation of the criminal proceedings would amount to abuse of the process of the Court. 8. It is true that on the earlier occasion when similar action was taken, the petitioner approached this Court in W.P.No.6028/2020 with a prayer to give direction to the concerned police, not to interfere with the lawful - 12 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 activities at the house of the petitioner, for implementation of the order dated 23.12.2016 issued by the Karnataka State Human Rights Commissioner, etc. However, though initially Interim order was granted, on 01.10.2020, the said petition came to be dismissed by this Court, after making an observation that Annexure M to Q therein, would indicate that large quantities of KEM playing cards are purchased by the petitioner and prima facie the claim of the petitioner that the he was playing rummy game with his family and friends does not appear to be believable. 9. Even where the contention of the petitioner that only Rummy was played in his house along with his friends and family members, there are specific charges levelled in the charge sheet are that on 06.07.2022 at 9.15 p.m., when complainant along with his staff and witnesses conducted raid on the house of petitioner and made enquiry with accused Nos.1 to 11, including the petitioner, they found large quantity of playing cards and liquor packets. When they were making enquiry, accused No.1, - 13 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 addressing complainant and CWs-17 to 25, using abusive language and demanding as to who are there to question. They pounced on CW-1 and holding his collar, he was dragged and pushed around. Accused No.2 gave a blow with his fist and smashed gold chain. Accused No.3 gave a blow on the neck of CW-1 with hand. In the scuff the Buttons of uniform fell off. 10. When to free himself CW-1 pushed accused No.1 with a wooden club and he tried to give a blow on his head. When CW-1 tried to evade the blow, with his right hand, he sustained injury to his fingers. Petitioner abused him in filthy language. CWs-17 and 18 caught hold of him, petitioner gave threat to his life, saying that today he have survived, but he is going to take his life. Similarly, accused Nos.4 to 11 abused the complainant and other witnesses and also assaulted them with hands and kicked with legs. While trying to run away, accused No.4 pushed CW-1 to ground. Immediately he was taken to the Nelamangala Government Hospital. - 14 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 11. After conducting detailed investigation, the investigating officer has filed charge sheet against accused Nos.1 to 11 for the offence punishable under Sections 143, 147, 148, 114, 323, 329, 384, 307, 353, 332, 504, 506, r/w Section 149 IPC. There is prima facie material to proceed against the accused persons, including the petitioner. Whether the accused persons including the petitioner were really indulged in illegal activities is one aspect. The question is when the complainant and others conducted raid on the house of petitioner, whether they were abused and assaulted giving threat giving rise to the cause of action for filing the complaint and charge sheet is another aspect, which is required to be examined and established in a full fledged trial. CWs-1, 2, 6 to 14 are the eye witnesses to the incident. In order to establish the guilt of the accused, it is necessary to provide prosecution opportunity. The disputed facts cannot be decided in a petition under Section 482 Cr.P.C. - 15 - HC-KAR NC: 2025:KHC:33257 CRL.P No. 10350 of 2022 12. In the light of the same, petition fails and accordingly the following: ORDER (i) Petition filed by the petitioner/accused No.1 under Section 482 Cr.P.C is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 54