- 1 - HC-KAR NC: 2025:KHC:43610 CRL.P No. 11445 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.11445 OF 2023 (482 (Cr.PC)/528 (BNSS)) BETWEEN: 1. SRI RAMESH C.P S/O. PRANESHA C.O AGED ABOUT 60 YEARS R/AT: NO.173, VASANTHAPURA BENGALURU SOUTH BENGALURU - 560 061. …PETITIONER (BY SRI. AMAR CORREA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PUTTENAHALLI POLICE STATION BENGALURU - 560 078. REP BY STATE PUBLIC PROSECUTOR/ HCGP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT. ABHINAYA W/O. SHANTH KUMAR AGED ABOUT 25 YEARS R/AT: NO.83, 8TH CROSS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43610 CRL.P No. 11445 of 2023 CHAMUNDESHAWARI TEMPLE B.G.ROAD, BENGALURU - 560 076. …RESPONDENTS (BY SRI. K NAGESHWARAPPA, HCGP FOR R1; SRI. SPARSH SHETTY, ADVOCATE FOR SRI. V. RANGARAMU, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC PRAYING TO QUASH THE F.I.R AND COMPLAINT DATED 28.09.2023 IN CRIME NO:312/2023, BY THE RESPONDENT NO.1 PUTTENHALLI POLICE, PENDING ON THE FILE OF LXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT (CCH-71), BENGALURU, FOR THE OFFENCES P/U/S 3(1)(r), 3(1)(s) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTITION OF ATROCITIES) AMENDMENT ORDINANCE, 2014, AS AGAINST PETITIONER WHO IS ARRAYED AS ACCUSED, VIDE ANNEXURES-A AND B 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 - 3 - HC-KAR NC: 2025:KHC:43610 CRL.P No. 11445 of 2023 ORAL ORDER The criminal petition is filed with the following prayers: "i. Quash the F.I.R and Complaint dated 28.09.2023 in Crime No:312/2023, by the Respondent No.1 Puttenahalli Police, pending on the file of LXXI Additional City Civil and Sessions Judge at, (CCH-71), Bengaluru, for the offences punishable under Section 3(1)(r), 3(1)(s) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, as against Petitioner who is arrayed as Accused, vide ANNEXURE-'A' & 'B' and; ii. Pass any other order/orders that this Hon'ble Court deems fit in the facts and circumstances of this case, in the interest of justice and equity." 2. On 28.09.2023, respondent No.2 made a complaint to respondent No.1-Police stating that she is a security guard and the petitioner herein came to the place where she was working which is a land owned by a private person and abused her with reference to her caste alleging that she belongs to Scheduled Caste/Scheduled Tribe. On the basis - 4 - HC-KAR NC: 2025:KHC:43610 CRL.P No. 11445 of 2023 of the said complaint, a FIR is registered against the petitioner for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014. 3. The aforementioned ordinance has been incorporated presently in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Act' for short). 4. Sections 3(1)(r) and 3(1)(s) of the Act read as under: "3. Punishments for offences of atrocities.— (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe.— (r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view; (s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view." - 5 - HC-KAR NC: 2025:KHC:43610 CRL.P No. 11445 of 2023 5. The case of the petitioner is that he belongs to a Scheduled Caste, which is not disputed by the learned HCGP appearing for the State. It is further contended that the allegation made against the petitioner is said to have taken place on a private property and the same is not within public view and was not in a public place. 6. The aforementioned facts are not disputed by the learned HCGP. 7. As the petitioner also belonged to Scheduled Caste/Scheduled Tribe and the abuse to respondent No.2- complainant is said to have been made in a private place and not in public view, the petition is required to be allowed. 8. Hence, the following: ORDER (i) The criminal petition is allowed; - 6 - HC-KAR NC: 2025:KHC:43610 CRL.P No. 11445 of 2023 (ii) The proceedings in Crime No.312/2023 pending on the file of the LXXI Additional City Civil and Sessions Judge (CCH-71), Bengaluru, is hereby quashed. SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 32