- 1 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10963 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT RATHNAPRABHA T A W/O SRI CHANDRU B M, AGED ABOUT 49 YEARS, ASSISTANT CONSERVATIVE OF FOREST (ACF) WILD LIFE, LAKKAVALLI, LAKKAVALLI VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALURU-577128 2. SRI.CHANDRU S/O SRI. MANJU AGED ABOUT 40 YEARS, OCCUPATION: BUSINESS, R/AT HANUMATHANAGAR MAIN ROAD, BHADRAVATHI TOWN, SHIVAMOGGA - 571423 3. SRI SURESH P S/O PARAMESHWARAPPA, AGED ABOUT 53 YEARS, OCCUPATION: ACF JEEP DRIVER, OFFICE OF ASSISTANT CONSERVATOR OF FOREST, (ACF), WILD LIFE, LAKKAVALLI, LAKKAVALLI VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALURU-577128 …PETITIONERS (BY SRI. MANJUNATH H, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 AND: 1. STATE BY LAKKAVALLI POLICE STATION LAKKAVALLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT-577128 DULY REPRESENTED BY STATE PUBLIC PROSECUTOR. 2. SMT GAYATHRI W/O SRI ASHWATH, AGED ABOUT 64 YEARS, LAKKAVALLI, LAKKAVALLI VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALURU -577128 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.GANAPATHI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THE PETITION AND QUASH THE ISSUANCE OF PROCESS ORDER DATED 15.06.2022 IN C.C.NO.1156/2022 FOR THE OFFENCE P/U/S 323,354,448,504,506 R/W 34 OF IPC AGAINST THE ACCUSED NO.1 TO 3, PASSED BY THE COURT OF ADDL.CIVIL JUDGE AND J.M.F.C, TARIKERE WHICH IS ARISING OUT OF REGISTERED CR.NO.114/2020 FOR THE OFFENCE P/U/S 323,354, 448, 504, 506 R/W 34 OF IPC AND LATER ON FOLLOWED BY CHARGE SHEET IN THE SAID CRIME NUMBER. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 3 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 ORAL ORDER Petitioners who are arraigned as accused Nos.1 to 3 have filed this petition under Section 482 of the Code of Criminal Procedure, with a prayer to quash the proceeding initiated against them in C.C.No.1156/2022 on the file of Addl.Civil Judge and JMFC, Tarikere, for the offences punishable under Sections 323, 354, 448, 504, 506 r/w Section 34 IPC, arising out of Cr.No.114/2020 of Lakkavalli PS. 2. For the sake of convenience the parties are referred to by their rank before the trial Court. 3. In support of the petition, accused have contended that accused Nos.1 and 3 are public servants. Sanction is not secured for filing the charge sheet against them, since the alleged offence is committed during the discharge of their official duty. Respondent No.2 has filed the complaint falsely implicating the accused. There are no - 4 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 allegations against accused Nos.1 and 3 attracting the provisions for which charge sheet is filed. 3.1 The husband of respondent No.2 is accused in C.C.No.9780/2021 for the offences punishable under Sections 24(e), 62, 80, 144, 165 of Karnataka Forest Act, 1989 and Sections 27, 29 and 51 of Wildlife Protection Act, 1972. Accused No.1 was the investigating officer in the said case. In order to secure his presence, accused No.1 visited the residence of respondent No.2 and was making enquiry. The husband of respondent No.2 abused her in filthy language. Respondent No.2 as well as her daughter also gave threat to accused No.1 and also tried to assault her. The husband of respondent No.2 refused to attend the office of accused No.1 and obstructed her from discharging duty. In this regard complaint is filed against them in Cr.No.115/2020. As a counterblast complaint in Cr.No.114/2020 came to be filed. Continuation of the criminal proceedings against the petitioners would amount to abuse of the process of the Court and hence the petition. - 5 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 4. In support of his arguments, learned counsel for petitioners has relied upon the following decisions: (i) Suneeti Toteja Vs. State of U.P. and Ors. (Suneeti Toteja)1 (ii) C.Basavaraju Vs. State of Karnataka and Anr. (C.Basavaraju)2 5. On the other hand learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1 State submitted that on 22.08.2020 at 6.30 p.m, accused No.1, who was working as ACF Lakkavalli Reserve Wild Life along with accused No.2 went to the house of respondent No.2, in her official car driven by accused No.3 Suresh. Accused No.1 called the husband of respondent No.2 Ashwath. When both of them came out of the house, accused Nos.1 and 2 started abusing them in filthy language and demanded as to what article he has published in Satya Prabha paper and 1 AIR 2025 SC 1308 2 2024 INSC 879 - 6 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 assaulted on the cheeks of Ashwath, as a result of which he fell down on the spot. They also kicked him with legs. In response to it when respondent No.2 tried to prevent them, both of them dragged her holding her arm and tuft and pushed her to the ground. They also abused her in filthy language. 6. Accused No.1 gave threat of shooting Ashwath with her service revolver. Since Ashwath collected information regarding the misappropriation of funds allotted to the office of accused No.1, through RTI application and published the article in the newspaper, accused No.1 was furious and since there was also probability of action being taken against her by the department, she came and manhandled Ashwath and his family members. The said incident was witnessed by Balraj, Madhu and Tirupathi. Respondent No.2 filed complaint and it is registered in Cr.No.114/2022. After conducting detailed investigation, charge sheet is filed against the accused Nos.1 to 3. There is prima facie material to proceed against them. In fact, the - 7 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 petition filed by accused No.1 in Crl.P.No.7484/2020 was rejected by this Court and pray to dismiss the petition. 7. Heard arguments and perused the record. 8. At the relevant point of time, accused No.1 was working as Assistant Conservator of Forest Bhadra Wildlife reserve sub-division, Lakkavalli, Chikkamagaluru. According to accused No.1, she was the investigating officer in Forest case No.13/2020–21. During the course of investigation, she came to know that Ashwath, the husband of respondent No.2 is involved in the said case. Therefore on 20.08.2020, she went to his house to secure his presence, for investigation. She has alleged that the said Ashwath demanded that the case registered against him should be dismissed and he along with his wife and daughter abused accused Nos.1 and 2 and assaulted her with club. He also refused to accompany accused No.1 to the office and try to run away. - 8 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 9. In the light of the said incident, accused No.1 decided to secure him on the next day and went back to the office. With regard to the said Ashwath preventing her from discharging her duty, she has filed complaint. It is contended by accused No.1 that in the light of the fact that the said Ashwath is implicated in the Forest case as well as in Cr.No.115/2020, she has been falsely implicated along with the other two accused. 10. The accused have produced the documents with regard to involvement of Ashwath in the Forest case as well as in Cr.No.115/2020. It is not in dispute that Ashwath collected information regarding the spending of money out of the funds allotted to the wildlife reserve range through RTI and he has also published an article in the newspaper making allegations against accused No.1 that she has misappropriated the funds so allotted. Respondent No.2 has made specific allegations against the accused persons that because of Ashwath taking steps to collect information - 9 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 through RTI and also publishing article in the newspaper, accused No.1 was furious and went to the house of Ashwath and assaulted him and his wife. She also gave threat to their life by brandishing the revolver. She has also falsely implicated him in the forest case and also in Cr.No.115/2020. 11. At the outset, it is relevant to note that in Cr.No.115/2020, which was a case registered based on First information furnished by accused No.1, she is admitting the presence of accused Nos.1 to 3 as well as respondent No.2, her husband and daughter at their house. In respect of the same incident, respondent No.2 has also filed the complaint. They are case and counter case. There are specific allegations against the accused persons that they acted illegally, assaulted and abused respondent No.2 and her husband Ashwath. The said incident was witnessed by Balraj, Madhu and Tirupathi. Therefore, the prosecution should be given an opportunity to lead evidence and - 10 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 establish the allegations against the accused persons. At the crime stage, this Court has refused to quash the criminal proceedings against accused No.1 in Crl.P.No.7484/2020. After filing of the charge sheet, the allegations made against the petitioners are fortified. So far as the contention of the accused Nos.1 and 3 that sanction is not secured against them and as such it is not maintainable. Having regard to the fact that abusing, assaulting and man handling respondent No.2 and her family members is not part of discharge of the duties and therefore, it cannot be considered as part of their official duty requiring sanction. Even otherwise, it is open to the prosecution to seek sanction order and produce the same to the Court at the stage of trial. In the light of prima facie material to proceed against the petitioners, this petition is liable to be rejected accordingly the following: - 11 - HC-KAR NC: 2025:KHC:29934 CRL.P No. 10963 of 2022 ORDER (i) Petition filed by the petitioners/accused Nos.1 to 3 under Section 482 Cr.P.C is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through email. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 43