- 1 - HC-KAR NC: 2025:KHC:47753 CRL.P No. 12805 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.12805/2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. PRADEEP KUMAR S/O SUNDAR SHERIGHAR, AGED ABOUT 39 YEARS, R/AT 2ND CROSS, MISIJID ROAD, DEEPANJALINAGAR, BANGALORE-560061. 2. BHARATH RAMACHANDRA S/O RAMACHANDRA S, AGED ABOUT 33 YEARS, R/AT KALYANI MOTORS, NAYANDAHALLI, BANGALORE-560039. 3. SATISH SHETTY S/O C K SHANKAR, AGED ABOUT 40 YEARS, R/AT 55/1, 11TH CROSS, 9TH MAIN, GAJENDRA NAGAR, MUNESHWARA BLOCK, BANGALORE-560026. …PETITIONERS (BY SRI. AVINASH D., ADV. FOR SRI BHARAMAGOUDRA PRABHUGOUDA V., ADV.) AND: 1. THE STATE OF KARNATAKA BY THE SUB-INSPECTOR OF POLICE, BYATARAYANAPURA POLICE STATION, BENGALURU CITY, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47753 CRL.P No. 12805 of 2025 REP. BY STATE PUBLIC PROSECUTOR, ATTACHED TO HIGH COURT. 2. SRI BHEEMA NAIK S/O VARADHA NAIK, AGED ABOUT 44 YEARS, R/AT NAGASANDRA GUNDAPPA LAYOUT, BENGALURU CITY, KARNATAKA. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CRIMINAL PROCEEDINGS VIDE ANNEXURE-A IN CC NO.4248/2017 AND THE FIR IN CR NO.375/2016 REGISTERED BY THE RESPONDENT NO.1 BYATRAYANAPURA P.S. FOR THE OFFENCE P/U/S 143, 144, 147, 148, 341, 506 B AND 435 AND 149 OF IPC U/S 2(A) PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT 1981 NOW PENDING ON THE FILE OF THE XLVI ADDL.CMM, BENGALURU AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned HCGP takes notice for the State. 2. Petitioners are seeking to quash the criminal proceedings in C.C.No.4242/2017 pending on the file of the Court of XLVI Additional Chief Metropolitan Magistrate, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:47753 CRL.P No. 12805 of 2025 3. On the basis of a complaint lodged by one Sri.Bheema Naik., a case in Crime No.375/2016 was registered at Byatarayanapura Police Station, against 100 to 120 persons for the offence punishable under Sections 143, 144, 147, 148, 341, 506(B), 435 read with 149 IPC and Section 2(a) of the Prevention of Destruction and Loss of Property Act, 1981. 4. It is alleged that on 12.09.2016 at about 05.30 p.m., about 500-600 people holding stones and clubs, came near the Tipper Lorry bearing registration No.TN- 70—F-4911 belonging to one Eshwar Naidu, in which the complainant was working as driver since 5 years, set fire to the said vehicle and caused loss to the tune of Rs.20,00,000/-. 5. Admittedly, the FIR is registered against 500- 600 persons. The description of those persons are not given in the FIR. The charge sheet is filed against accused Nos.1 to 18 wherein, petitioners are arraigned as accused - 4 - HC-KAR NC: 2025:KHC:47753 CRL.P No. 12805 of 2025 Nos.2, 5 and 7 respectively. While filing charge sheet, Section 427 of IPC has been deleted. 6. From the charge sheet materials it is not forthcoming as to on what basis the petitioners are arraigned as accused in the case. When admittedly the FIR was registered against 500-600 persons, without there being any sufficient materials to file charge sheet against the petitioners, arraigning them as accused in the case is an abuse of process of law. Even though the FIR was registered against 500-600 persons, the charge sheet is filed only against 18 accused. Though a request was made that the further investigation regarding other accused would be taken up, even after a lapse of 9 years no such investigation was taken up or concluded. For the aforesaid reasons, the following: ORDER (i) Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:47753 CRL.P No. 12805 of 2025 (ii) The entire proceedings as against the petitioners/accused Nos.2, 5 and 7 pending in C.C.No.4242/2017 on the file of the Court of XLVI Additional Chief Metropolitan Magistrate, Bengaluru is quashed. (iii) I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE NC CT:bms List No.: 1 Sl No.: 42