Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44222 CRL.P No. 13261 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13261 OF 2025 BETWEEN:
1. SMT.RAMYA BAI, D/O. LATE SHIVARAM SINGH, AGED ABOUT 30 YEARS R/AT INDUMANGALA, MALUR TALUKU. MASTHI POST, LOKKURU, KOLAR DISTRICT - 563 139
2. SRI. SANDESH HOSAMATTA S/O LATE. NAGARAJ H.P AGED ABOUT 34 YEARS R/AT NO. 34, 4, 10TH A MAIN. DEVARACHIKKANAHALLI MAIN ROAD, BEHIND P.K HOME NEEDS, BANNERGHATTA ROAD, BENGALURU, KARNATAKA - 560 076
3. SRI. JAGANNATHA SINGH S/O RAM SINGH, AGED ABOUT 43 YEARS R/AT NO. 23, BAIRAGIMATA, INDUMANGALA, KOLAR, KARNATAKA - 563 139
4. SMT. SHANTHA BAI W/O LATE. SHIVARAM SINGH AGED ABOUT 50 YEARS R/AT MALURU TALUK, INDUMANGALA,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:44222 CRL.P No. 13261 of 2025
KOLAR - 563 139. 5. SMT. SOWMYA BAI W/O JAGANNATHA SINGH AGED ABOUT 33 YEARS R/AT NO. 10, BAIRAGIMATA VILLAGE, MALUR TALUK, MASTHI, KOLAR - 563 139. 6. SMT. AMARA BAI WO ANANTH RAM SINGH AGED ABOUT 45 YEARS R/AT. ACHAMPALLI VILLAGE, YELDUR, AGARA POST, SRINIVASAPURA TALUK KOLAR-DISTRICT - 563 138. 7. SMT. GEETHA BAI W/O ANAND SINGH B AGED ABOUT 40 YEARS R/A NO. 185, SAJAN NIVAS, OPPOSITE POST OFFICE ROAD, SOLADEVANAHALLI, CHIKKABANVARA, BENGALURU - 560 090. 8. SRI. LOKANATH SINGH. B S/O R. BALAJI SINGH AGED ABOUT 38 YEARS R/AT 714, TEKAL ROAD, BEHIND GANGAMMA TEMPLE, P.C HALLI, BANGARAPETE, KOLAR DIST - 563 101. 9. SRI. ANANDA SINGH. B S/O BALAJI SINGH AGED ABOUT 51 YEARS
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HC-KAR NC: 2025:KHC:44222 CRL.P No. 13261 of 2025
R/AT 185, SAJAN NIVAS, OPPOSITE POST OFFICE ROAD, SOLADEVANAHALLI, CHIKKABANVARA, BENGALURU - 560 090
(THE NAME AND ADDRESSES OF THE PETITIONERS HAVE BEEN FURNISHED AS PER THEIR RESPECTIVE AADHAR CARDS) …PETITIONERS (BY SRI. DHARMAPALA GOWDA A., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY KADUGODI POLICE STATION REPT. BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BANGALORE - 560001. 2. SRI. SHRINIVASA M., S/O. LATE MUNISWAMY, AGED ABOUT 35 YEARS, R/AT NO.922, OLD SAWMILL ROAD, NEAR GOVT. PRIMARY SCHOOL, BELTHURU COLONY, KADUGODI, BENGALURU CITY, KARNATAKA - 580067. MOB. NO. 9916666000
…RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDL.SPP FOR R1; SRI.
KIRAN B., ADVOCATE FOR R2)
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HC-KAR NC: 2025:KHC:44222 CRL.P No. 13261 of 2025
THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.441/2025 DATED 08.09.2025 REGD. BY THE 1ST RESPONDENT KADUGODI POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S. 217, 351 OF BNS AND U/S. 3(1)(p), 3(1) (q), 3(1)(r), 3(1)(s) OF SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989 AND WHICH IS PENDING ON THE FILE OF THE LD. II ADDL. DISTRICT AND SESSIONS COURT BENGALURU RURAL DISTRICT AT BANGALURU CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners are aggrieved by the registration of FIR against them in Crime No.441/2025 of Kadugodi Police Station, for the offences punishable under Sections 217 and 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 and under Sections 3(1)(p), 3(1)(q), 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. It is contented by the learned counsel for the petitioners that without being any cause of action and without enquiry and verification, the police have received the complaint from the second respondent and registered the case. He contended that the second respondent is a habitual offender
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HC-KAR NC: 2025:KHC:44222 CRL.P No. 13261 of 2025
and there are several complaints lodged against him, his brother and others by several persons and the instant case registered on the basis of the second respondent's complaint is nothing but an act of vengeance, imaginary, misusing the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The learned counsel has also contended that the second petitioner is a member of Schedule Caste and therefore, registration of the case without any verification and enquiry is nothing but an abuse of process of law. 4. It is too premature to come to a conclusion at this stage that the entire allegations in the complaint are either false or the complaint is concocted. Merely because there are several cases registered against the second respondent herein, that itself is not a ground to quash the instant proceedings, at its inception. This Court cannot conduct an enquiry regarding the caste or otherwise of the petitioners in this petition filed under Section 528 of BNS, 2023. The police have registered the case noticing that the offences alleged are cognizable offences and they are conducting investigation. The statutory duty of the
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HC-KAR NC: 2025:KHC:44222 CRL.P No. 13261 of 2025
police to conduct investigation and file an appropriate report cannot be curtailed. It is well settled that while exercising the powers under Section 482 of the Cr.P.C. (528 of BNS, 2023), the Court has a very limited jurisdiction. Whether the criminal proceedings are malicious or not, is not required to be considered at this stage, as held by the Hon'ble Apex Court in Central Bureau of Investigation v. Aryan Singh Etc. reported in (2023) 18 SCC 399.
If any of the allegations in the FIR disclose the commission of the offence, it is the duty of the police to conduct an investigation and such investigation cannot be interfered with. Hence, the following:
ORDER The petition is dismissed.
I.A.No.1/2025 is dismissed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
SJK List No.: 1 Sl No.: 32