- 1 - HC-KAR NC: 2025:KHC:47923 CRL.P No. 5517 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 5517 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. VIJAY AGARWAL @ VIJAY SWAMY S/O OM PRAKASH AGED ABOUT 42 YEARS R/AT NO.54, VVMVP CAMPUS RAVI SHANKAR ASHRAM KANAKAPURA ROAD UDAYAPURA, BENGALURU SOUTH BENGALURU-560 082. 2. KISHORE KUMAR PRASAD @ KISHORE S/O KASIRAM RAJENDRA PRASAD AGED ABOUT 45 YEARS R/AT NO.638, 2ND CROSS BEML LAYOUT, 3RD STAGE RAJARAJESHWARINAGAR BENGALURU-560 098. 3. VINAY B.HEGDE S/O BHASKAR G.HEGDE AGED ABOUT 37 YEARS R/AT 21ST KM, UDAYAPURA ART OF LIVING INTERNATIONAL CENTER KANAKAPURA ROAD, BENGALURU SOUTH BENGALURU-560 082. 4. MANAK SHARMA M.V. S/O LATE M.S.VENKATA KRISHNA AGED ABOUT 44 YEARS R/AT SRI SRI GURUKUL Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47923 CRL.P No. 5517 of 2023 VVMVP CAMPUS, 21ST KM UDAYAPURA, KANAKAPURA ROAD BENGALURU SOUTH BENGALURU-560 082. …PETITIONERS (BY SRI. ROHITH B.J., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SHO KAGALIPURA POLICE STATION RAMANAGAR DISTRICT THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. SRI. MAHESH N.S. S/O SHIVANNA AGED ABOUT 39 YEARS R/AT UDIPALYA VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE CITY-560 061. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1; SRI. H.E.GUNDEGOWDA, ADVOCATE FOR R2) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR FILED BY KAGGALIPURA POLICE AGAINST THE PETITIONERS WHO IS NAMED AS ACCUSED NOs.1 TO 7 IN CRIME NO.123/2022 REGISTERED BY KAGGALIPURA POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 354, 504, 506, 149 OF IPC R/W 3(1)(r) and (s), (2)(va) OF SC/ST (PREVENTION OF ATROCITIES) - 3 - HC-KAR NC: 2025:KHC:47923 CRL.P No. 5517 of 2023 AMENDMENT ACT, 2015, COPY OF WHICH IS PRODUCED AS ANNEXURE-A. 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 On the complaint filed by respondent no.2, Crime No.123/2022 came to be registered against the petitioners. The allegations made against the petitioners are as follows: "¢£ÁAPÀ 14/04/2022 gÀAzÀÄ ¸ÀAeÉ 5-30 UÀAmÉUÉ ¦gÁå¢ oÁuÉUÉ ºÁdgÁV ¤ÃrzÀ zÀÆj£À ಾಾಂಶೇ ೆಂದೆ ಾನು ೕಲಂಡ ಾಸದ ಾಸಾರುೇ ೆ. ಾಂಕ 09/04/2022 ರಂದು ಮಾಹ 12-00 ಗಂ"ೆ ಸಮಯದ ಸೆ$ ನಂ 46 ರ %ಾೕಕಾದಂತಹ ನರ'ಂಹಯ ಮತು ಅವರ ಕುಟುಂಬದವರು ನನ,ೆ -.'/ೇ ೆಂದೆ ಅವರು ಸೆ$ ನಂ 46 ರ 2 ಎ1ೆೆ 2ಾಗ ,ಾ3ಂ4 ಆದು6, ಅವರು ಈಗಲೂ ಾ9:ೕನದು6, ಕೃ< ಚಟುವ>1ೆ %ಾ?1ೊಂ?ರುಾೆ. ಅವರು ತಮ@ ಜBೕCನ ಬ. ಇ/ಾ6ಗ Eವಕು%ಾF ಎ. Gಾಗೂ '/ೆ6ೕ,ೌಡ ಎಂಬುವರು ಬಂದು ಈ ಜBೕನನು ಾನು ಆಶ3ಮ1ೆ %ಾIರುವJ/ಾ -.'ದು6, ಾನು ಸದI ಜBೕCನ ಅನುKೋಗದ ಇದುದ6Iಂದ ಆಗಲೂ ಈ LದMೇ ನನ,ೆ ೊಂದೆ 1ೊಡು-ರುವJದIಂದ ಾನು ಘನ ಾOಾಲಯದ /ಾೆ ಹೂ?ದು6, ಾOಾಲಯವJ ನನ ಪರಾ ಮಧಂತರ - 4 - HC-KAR NC: 2025:KHC:47923 CRL.P No. 5517 of 2023 ಆ/ೇಶ Cೕ?ದು6, ಆದರೂ ಸಹ '/ೆ6ೕ,ೌಡ ಎಂಬುವರು ಖIೕ'ರುೇ ೆಂದು ರಶಂಕF ಗುರೂS ಆಶ3ಮದವಾದ ಜಯ ಾ9B 2) Eವಕು%ಾF ಕಗTೕಪJರ 3) '/ೆ6ೕ,ೌಡ 4) UVೆWೕF ಪ3ಾX 5) ಾಮಪ3ಾX 6) ನY Gೆ,ೆZ 7) %ಾನ[ ಶ%ಾ$ ರವರುಗಳ] ೕಲಂಡ ಜBೕCನ ಬ. ಬಂದು ಗMಾ"ೆ %ಾಡು-ದು6, ಆಗ, ಾನು ಸ^ಳ1ೆ Gೋ 1ೇಳಲು Gೋ/ಾಗ ೕಲಂಡ ಎಲರೂ ಏ1ಾಏU ನನ ನು ಉ/ೆ6ೕ²' 2ಾ- Cಂದ ೆ %ಾ? ಅಾಚ ಶಬ6ಗ.ಂದ aೈದು, /ೊcೆd, ಾಡು Cಂದ Gೊeೆದು ನಂತರ ನಮ@ ಾf ,ೌರಮ@ ರವI,ೆ ಾವ$ಜCಕ ಸ^ಳದ 'ೕೆಯನು g?ದು ಎೆ/ಾ? hಾ3ಣ aೆದI1ೆ GಾUರುಾೆಂದು ಇಾ." 2. The case of the petitioners is that they are innocent and a false case has been registered against them. 3. The case of respondent no.2 is that whatever allegations that are made in the complaint are true and prays for dismissal of the petition. 4. Learned High Court Government Pleader, upon instructions submits that the alleged offence is said to have taken place on the private land. However, he submits that there is a wound certificate issued by a Government Hospital - 5 - HC-KAR NC: 2025:KHC:47923 CRL.P No. 5517 of 2023 showing that respondent no.2 along with few others have suffered injuries. 5. The aforementioned allegations made against the petitioners herein regarding causing injuries to respondent no.2 and few others is a question to be decided after investigation and trial. It is not a fit case for this Court to interfere in exercise of its powers under Section 482 of Cr.P.C. 6. Insofar as it relates to the offences alleged against the petitioners under Sections 3(1)(r) and (s), (2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the submission of the counsel for the petitioners is that, the petitioners do not know anything about respondent no.2 and what community he belongs to and they categorically deny abusing respondent no.2 by taking his caste name. It is also their contention that the alleged incident has not taken place in public view. 7. However, learned High Court Government Pleader, is not in a position to state whether the alleged incident took place in a public place or on a private land. If the offence of - 6 - HC-KAR NC: 2025:KHC:47923 CRL.P No. 5517 of 2023 abusing a person belonging to Scheduled Caste or Scheduled Tribe takes place in a private place it cannot be considered as having taken place in public view. However, that is also a matter of trial. 8. Subject to the aforementioned observations, the petition stands dismissed. It is needless to state if a charge-sheet is filed by the respondent no.1-Police, the petitioners are always having the liberty to challenge the same in the manner known to law. Pending I.As., if any, stand disposed of. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 16