- 1 - HC-KAR NC: 2025:KHC:24966 CRL.P No. 3676 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3676 OF 2024 BETWEEN: MR. SACHIN GOWDA, S/O. SHIVANNA, AGED ABOUT 32 YEARS, R/AT NO. 210, 10TH CROSS, 5TH MAIN, PADMANABHANAGARA, BENGALURU - 560 070. …PETITIONER (BY SRI. BALAKRISHNA M.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BIDADI POLICE STATION, RAMANAGARA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MR. DILIP H.C, FATHERS NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 38 YEARS, OCC: HEAD CONSTABLE (HC)-362, RAMANAGARA RURAL POLICE STATION, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP A/W SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24966 CRL.P No. 3676 of 2024 THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO 1. SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 19.08.2023 PASSED BY THE HONBLE PRL.CIVIL JUDGE AND J.M.F.C RAMANAGARA IN C.C.NO.1795/2023 FOR THE OFFENCE P/U/S 353 OF IPC INITIATED BASED ON THE CHARGE SHEET SUBMITTED BY RESPONDENT NO.1/BIDADI P.S. 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: "a) Call for the entire records in CC.No.1795/2023, pending on the file of Hon'ble Principal Civil Judge and JMFC court, Ramanagara Dist., b) Set aside the order of taking cognizance and issue of process dt.19.08.2023 passed by the Hon'ble Principal Civil Judge and JMFC, Ramanagara in CC.No.1795/2023 for the offences punishable under section 353 of IPC initiated based on the chargesheet submitted by Respondent No.1/Bidadi PS c) Quash the entire criminal proceedings initiated against the Petitioner in CC.No.1795/2023 pending on the file of Hon'ble Principal Civil Judge and JMFC court, Ramanagara Dist., for the offences punishable under section 353 of IPC initiated based on the charge sheet submitted by the respondent No.1/Bidadi police station. d) Pass such other relief or reliefs as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:24966 CRL.P No. 3676 of 2024 2. Heard learned counsel for the Petitioner and learned HCGP for Respondent No.1 and perused ENTIRE the material on record. 3. A perusal of the material on record will indicate that the Respondent No.2 - de facto complainant has filed the complianant against the Petitioner which is registered as an FIR in Crime No.89/2022 for the alleged offence p/u/s 353 of IPC. In this context, it is relevant to state that the person when a public servant named in the impugned FIR and complaint has not filed the instant complaint which has been instantly filed by Respondent No.2. It is also pertinent to note that the said Respondent No.1 conducted the investigation and filed a Charge Sheet which is pending consideration in CC No.1795/2023 pending before the trial court. 4. A perusal of the material on record, comprising of the FIR, complaint, Charge Sheet material and statement of witnesses, documents, etc., is sufficient to come to the conclusion that the necessary ingredients - 4 - HC-KAR NC: 2025:KHC:24966 CRL.P No. 3676 of 2024 constituting the offence p/u/s 345 of IPC are conspicuously missing and are not forthcoming from the material on record. It is also significant to note that the public servant against whom the Petitioner is alleged to have committed the offence, has not filed the instant complaint which is filed by Respondent No.2 - de facto complainant. 5. Under these circumstances, I am of the opinion that the continuation of the impugned proceedings qua the Petitioner would amount to abuse of process of law warranting interference of this Court in the present petition. Accordingly, I pass the following:- ORDER 1) Petition is hereby allowed. ii) The impugned proceedings in CC No.1795/2023 of arising out of Crime No.89/2022 registered by the Bidadi Police, Ramanagara District, for the offence punishable 353 IPC, which is pending on the file of Principal Civil - 5 - HC-KAR NC: 2025:KHC:24966 CRL.P No. 3676 of 2024 Judge and JMFC Court, Ramanagara District, qua the Petitioner is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 1 Sl No.: 6