- 1 - HC-KAR NC: 2025:KHC:51471 CRL.P No. 1049 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.1049 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. NAGESH RAO, S/O KRISHNOJI RAO, AGED ABOUT 41 YEARS R/AT NO.18, BASAVALINGAPPA NAGAR NEAR SAMBHRAM COLLEGE CHIKKBETTTAHALLI BENGALURU -560097 2. SRI.BHUVAN S RAO S/O SHANKAR RAO AGED ABOUT 23 YEARS NO.17, HESARAGHATTA MAIN ROAD, VIDYARANYAPURA BANGALORE NORTH - 560097. 3. SRI. SUNIL KUMAR H.R., S/O SHRI. RUDHRACHAR AGED ABOUT 26 YEARS NO.1826, 3RD PHASE, BEHIND GANESH TEMPLE, YELAHANKA NEW TOWN, BANGALORE- 560064 4. SRI.TARUN S/O SURESH N AGED ABOUT 20 YEARS, RESIDANT AT: NO.1769, 3RD STAGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51471 CRL.P No. 1049 of 2025 EWS, YEALAHANKA NEWTOWN, BENGALURU-560064 …PETITIONERS (BY SRI. KARTHIK B.Y., ADVOCATE) AND: 1. STATE OF KARNATAKA, YELAHANKA NEWTOWN P S, BENGALURU NORTH REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS, BANGALORE - 560001. 2. SMT. BABY RANI W./O VENKATESH AGED ABOUT 50 YEARS RESIDING AT NO.1931, EWS, YEALAHANKA NEWTOWN, BENGALURU - 560064 …RESPONDENTS (BY SRI. V.ANOOP KUMAR, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS C.C NO.10805/2023 ARISING OUT OF CRIME NO.43/2022 DATED 21.02.2023, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 323, 354, 504, 506 AND 34 OF IPC PENDING ON THE FILES OF THE LEARNED 30TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT AT BENGALURU WHICH IS PRODUCED AND MARKED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:51471 CRL.P No. 1049 of 2025 ORAL ORDER In this petition, the entire proceedings in C.C.No.10805/2023 pending on the file of the 30th Additional Chief Metropolitan Magistrate Court at Bengaluru against the petitioners are sought to be quashed. 2. The complaint is lodged by respondent No.2, on the basis of which, a case in Crime No.43/2023 was registered at Yelahanka New Town Police Station, Bengaluru City, for the offence under Section 504, 506, 354 read with Section 34 of IPC. 3. The police on completion of investigation has filed the charge sheet for the offence punishable under Section 323, 354, 504, 506 read with Section 34 of IPC. 4. It is the contention of the learned counsel for the petitioners that the entire allegations are false and even according to the complainant, on the date of alleged incident, accused No.1 was not at all present at the spot. He contended that the complainant has not sustained any such injury which could have been caused in the incident and mere assertion that - 4 - HC-KAR NC: 2025:KHC:51471 CRL.P No. 1049 of 2025 the accused have abused etc., will not attract the ingredients of the offence alleged in the complaint or charge sheet. 5. Learned counsel further contended that mere pulling hair or pushing a woman during a quarrel does not constitute outraging her modesty, as there must be an intention to do so. Further, relying on the judgment of the Hon'ble Apex Court in Aman Kumar v. State of Haryana reported in (2004) 4 SCC 379, contended that when essential ingredients of the offence punishable under Section 354 of IPC are not made out, the proceedings for the said offence cannot be continued. He contended that the essential ingredients of the offence punishable under Section 354 of IPC are that the person assaulted must be a woman, and the accused must have used criminal force on her intending thereby to outrage her modesty. In the present case, the said ingredients are lacking. 6. Learned HCGP on the other hand has contended that there are clear cut allegations in the complaint as well as in the further statement of the complainant and even there are eye-witnesses namely CW.5 and CW.6 who have given - 5 - HC-KAR NC: 2025:KHC:51471 CRL.P No. 1049 of 2025 statements about the incident. He contended that there is wound certificate of the complainant and on collecting all these materials, the Investigation Officer has filed the charge sheet. He further contended that even the charges are framed in the present case and no grounds are made to allow the petition. 7. I have perused the complaint averments, wherein, it is alleged that accused No.1 who was having finance office adjacent to the house of the complainant, used to abuse and quarrel frequently and near that place, certain persons used to come inebriated and therefore the women folks were afraid to come out of the house. Therefore, the complainant had installed CCTV camera to the house. On 19.02.2023 at about 5.30 to 6.30 p.m., the said accused No.1 was shouting and abusing and therefore, the complainant closed the door. Thereafter, from the said finance office, the other accused came and changed the direction of the CCTV camera. On the next date i.e., on 20.02.2023, when the complainant questioned the same, all the accused abused in a filthy language, assaulted and even dragged complainant's daughter - 6 - HC-KAR NC: 2025:KHC:51471 CRL.P No. 1049 of 2025 who was eight months pregnant and threatened to commit murder if a complaint was lodged. 8. In the further statement of the complainant, she has stated that even accused No.1 has abused and quarreled with her. There are eye-witnesses to the incident, whose statements are recorded during investigation. The complainant has taken treatment in the Hospital and though she has not sustained any severe injuries, in view of the material on record, it cannot be said that no such incident as alleged has taken place. 9. The contention of the learned counsel for the petitioners that entire allegations are false and the petitioners are falsely implicated in this case, cannot be accepted at this stage in this petition seeking quashing of the proceedings, in view of the above material on record. Hence, petition is dismissed. The trial Court shall not be influenced by any of the observations made in this order. - 7 - HC-KAR NC: 2025:KHC:51471 CRL.P No. 1049 of 2025 All the contentions are kept open. Sd/- (MOHAMMAD NAWAZ) JUDGE SMJ List No.: 1 Sl No.: 30