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2025 DAILYLAW 81275 (KAR)

SRI BHEEMAIAH C K v. THE STATE OF KARNATAKA

CRL.P/4762/2025 · 2025-07-10

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25783 CRL.P No. 4762 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4762 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI BHEEMAIAH C. K., S/O SRI KRISHNAKUMAR, AGED ABOUT 28 YEARS, NO.66, “SAI KRUPA”, 7TH C CROSS, KALAPPA LAYOUT, BASAVANAGAR, MARATHAHALLI, BANGALORE – 560 037 2. SRI. BHARATHRAJ B., S/O SRI. BABU R., AGED ABOUT 31 YEARS, NO.1546, 3RD FLOOR, AICL LAYOUT, A BLOCK, OPPOSITE JUMBO KIDS, SINGSANDRA, BANGALORE – 560 068 3. SRI. ROHITH K. S., S/O SUBBEGOWDA, AGED ABOUT 42 YEARS, NO.1004, 10TH CROSS, 13TH MAIN ROAD, SARATHINAGAR, J. P. NAGAR, 8TH PHASE, BANGALORE – 560 085 4. SRI. RAJESH C. R., S/O RAVI D. N., AGED ABOUT 30 YEARS, NO.46/90, ANJANEYA BUILDING, 2ND CROSS, LAKSHMISAGAR LAYOUT, R.H.B COLONY, MAHADEVAPURA, BANGALORE – 560 048 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25783 CRL.P No. 4762 of 2025 5. SRI. NITHIN KUMAR, S/O PRAVEEN, AGED ABOUT 28 YEARS, NO.506, 92ND CROSS, KUMARSWAMY LAYOUT, BANGALORE – 560 078 6. SRI. RAKESH S., S/O SHIVARAM R., AGED ABOUT 28 YEARS, NO.NO.12, 81ST CROSS, KUMARSWAMY LAYOUT, BANGALORE – 560 078 7. SRI. PRASHANTH N., S/O NAGARAJAPPA, AGED ABOUT 28 YEARS, NO.38/39, 2ND CROSS, AMARAJYOTHI LAYOUT, ASHWATHANAGAR, DHANISANDRA MAIN ROAD, BANGALORE – 560 077 …PETITIONERS (BY SRI. PAVAN M., FOR SRI. THIMMIAH M. D., ADVOCATES) AND: 1. THE STATE OF KARNATAKA REP. BY SUBRAMANYANAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001 2. SRI. A. R. DEVA BHANU, S/O SRI. A. N. RAJAPPA, AGED ABOUT 53 YEARS R/AT NO.316, 8TH B MAIN ROAD, A BLOCK, 2ND STAGE, RAJAJINAGAR, BANGALORE – 560 055 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SRI. SHAMANTH GOWDA J., ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:25783 CRL.P No. 4762 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR DATED 10.10.2023 IN CRIME NO.226/2023 AND THE CHARGE SHEET IN CC NO.30461/2024 PENDING BEFORE THE FILES OF HON’BLE XXXII ADDL.CHIEF JUDICIAL MAGISTRATE, BANGALORE AGAINST THE PETITIONERS FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 143, 147, 323, 324, 504 AND 506 R/W SEC.149 OF IPC, PRODUCED AS ANNEXURE-B AND C. 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, petitioners have sought for the following relief:- “Wherefore, the petitioners above named, humbly prays that this Hon’ble Court be pleased to quash the FIR dated 10.10.2023 in Crime No.226/2023 and the Charge sheet in C.C.No.30461/2024 pending before the files of Hon’ble XXXII Additional Chief Judicial Magistrate, Bengaluru against the petitioner’s for alleged offences punishable under Sections 143, 147, 323, 324, 504 and 506 read with Section 149 of IPC, produced as Annexures-B and C, in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.1 to 7 and learned counsel for 2nd respondent – complainant have filed a Application under Section 320 read with Section 482 of Cr.P.C, - 4 - HC-KAR NC: 2025:KHC:25783 CRL.P No. 4762 of 2025 duly filed along with Joint affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – Accused Nos.1 to 7, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Application under Section 320 read with Section 482 of Cr.P.C, duly filed along with Joint affidavit, which reads as under:- “APPLICATION FILED UNDER SECTION 320 R/W 482 OF THE CODE OF CRIMINAL PROCEDURE That for the reasons stated in the accompanying affidavit the respondent No. 2 and the petitioners (accused No. 1 to 7) most humbly prays that this Hon'ble court be pleased to permit the parties to compound the offences punishable U/S 143, 147, 149, 323, 324, 427, 504 and 506 of IPC in connection to Crime.No. 0226/2023 by Subramanyanagara Police, pending on the file of Hon'ble 32ndAddl city civil and sessions judge, at Bengaluru in CC No.30461/2024 and consequently quash the entire criminal proceedings in the interest of Justice and equity. JOINT AFFIDAVIT I, Sri. A R Deva Bhanu S/o Sri A N Rajappa, Aged about 53 years, R/at: No. 316, 8th B Main Road, A Block, - 5 - HC-KAR NC: 2025:KHC:25783 CRL.P No. 4762 of 2025 2nd Stage, Rajajinagar, Bengaluru-560055, The Respondent No. 2 (Complainant) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Sri. Bheemaiah C K, S/O Sri Krishnakumar, Aged About 28 Years, R/At. No.66, Sai Krupa 7th C Cross, Kalappa Layout, Basavanagar, Marathahalli, Bangalore- 560037the Petitioner No. 1 (Accused No.1) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Sri. Bharathraj. B,S/O Sri. Babu. R, Aged About 31 Years, No.1546, 3rd Floor, Aicl Layout, A Block, Opposite Jumbo Kids, Singsandra, Bangalore-560068, The Petitioner No. 2 (Accused No.2) in the above petition do hereby solemnly affirm and state on oath as follows:- I, Sri. Rohith K.S, S/O Subbegowda, Aged About 42 Years, No.1004, 10th Cross, 13th Main Road, Sarathinagar, J. P. Nagar, 8th Phase, Bangalore-560085, The Petitioner No. 3 (Accused No.3) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Sri. Rajesh. C. R.S/O Ravi D. N, Aged About 30 Years, No.46/90, Anjaneya Building, 2nd Cross, Lakshmisagar Layout, R.H.B Colony, Mahadevapura, Bangalore-560048, The Petitioner No. 4 (Accused No.4) in the above petition, do hereby solemnly affirm and state on oath as follows:- - 6 - HC-KAR NC: 2025:KHC:25783 CRL.P No. 4762 of 2025 I, Sri. Nithin Kumar, S/O Praveen, Aged About 28 Years, No.506, 92nd Cross, Kumarswamy Layout, Bangalore-560078, The Petitioner No. 5 (Accused No.5) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Sri. Rakesh S, S/O Shivaram. R, Aged About 28 Years, No.No.12, 81st Cross, Kumarswamy Layout, Bangalore-560078, The Petitioner No. 6 (Accused No.6) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Sri. Prashanth NS/O Nagarajappa, Aged About 28 Years, No.38/39, 2nd Cross, Amarajyothi Layout, Ashwathanagar, Dhanisandra Main Road, Bangalore- 560077, The Petitioner No.7 (Accused No.7) in the above petition, do hereby solemnly affirm and state on oath as follows:- 1. We state that, FIR came to be registered in Cr. No.226/2023 by Subramanyanagara Police, for offences punishable 143, 147, 149, 323, 324, 427, 504 and 506 of IPC pending on the file of Hon'ble 32nd Addl Chief Judicial Magistrate, at Bengaluru in CC No.30461/2024. 2. We state that, on the advice of well-wishers we do not want to prosecute the criminal case, as we have amicably settled the dispute out of the court and in order to maintain cordial relationship and harmony we do not want to prosecute the criminal case in CC No.30461/2024 (Cr. No. - 7 - HC-KAR NC: 2025:KHC:25783 CRL.P No. 4762 of 2025 226/2023) pending on the file of Hon'ble 32nd Addl Chief Judicial Magistrate, at Bengaluru. 3. We state that, the settlement arrived between us is neither coercive nor any forceful and the same is of our free will and in view of the settlement arrived between us permitting us to compound the above case is very much imperative. WHEREFORE, we most humbly prayed that this this Hon'ble court may kindly be permitted the parties to compound the offences punishable U/S 143, 147, 149, 323, 324, 427, 504 and 506 of IPC pending on the file of Hon'ble 32nd Addl Chief Judicial Magistrate, at Bengaluru in CC No.30461/2024, by Subramanyananagara police, and consequently quash the entire Criminal proceedings in C.C No. 30461/2024 pending before Hon'ble 32nd Addl Chief Judicial Magistrate at Bengaluru the interest of Justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Application under Section 320 read with Section 482 of Cr.P.C, duly filed along with Joint affidavit dated 10.07.2025. - 8 - HC-KAR NC: 2025:KHC:25783 CRL.P No. 4762 of 2025 (ii) The proceedings in C.C.No.30461/2024 (arising out of Crime No.226/2023 of 1st respondent – Police) registered for the offences punishable under Sections 143, 147, 149, 323, 324, 427, 504 and 506 of IPC pending on the file of 32nd Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 8