- 1 - HC-KAR NC: 2025:KHC:45196 CRL.P No. 11554 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 11554 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. HANUMANTHE GOWDA A.M. S/O MUNIYAPPA AGED ABOUT 49 YEARS SARVE NO.164/1 SRI LAKSHMI FARM 100 FEET ROAD 4TH BLOCK, SIR M. VISHWESHWARAYYA NAGARA, ULLALU BANGALORE-560 056. …PETITIONER (BY SRI. MARUTI K.NAIK, ADVOCATE FOR SRI. NAIK VENKATRAMAN NAGAPPA, ADVOCATE) AND: 1. STATE BY KUMBALAGUDU POLICE MAGADI SUB-DIVISION RAMNAGAR DISTRICT REP BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45196 CRL.P No. 11554 of 2023 2. SRI. ASHOK H.BAGI FATHER'S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 49 YEARS WORKING AS ASSISTANT EXECUTIVE ENGINEER NO.2 AND 3 SUB-DIVISION NADAPRABHU KEMPEGOWDA BADAVANE DIVISION BDA, BENGALURU BENGALURU-560 060. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1; SRI. MURUGESH V.CHARATI, ADVOCATE FOR R2) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR AGAINST THE PETITIONER IN CR.NO.346/2023 REGISTERED BY RESPONDENT NO.1, KUMBALAGUDU POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 353, 504 AND 506 OF IPC, PENDING ON THE FILE OF II A.C.J.M., BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45196 CRL.P No. 11554 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Respondent no.2/complainant was working as an Assistant Executive Engineer in the Bangalore Development Authority. He was in charge of formation of a road in Sy.No.43 of Sulikere village regarding formation of Kempegowda Layout. The complaint made by respondent no.2 is that, when he was discharging his duties, the petitioner who is not the owner of the property has objected to formation of the said road and has threatened the complainant by calling him on his mobile and has also come to the place and forcibly stopped formation of the road. On the said ground, Crime No.346/2023 registered against the petitioner under Section 353, 504 and 506 of IPC. Challenging the same, the present criminal petition is filed. 2. The case of the petitioner is that, all the allegations made against him in the complaint are false. It is his further submission that even if presumed that the said allegations are true, the contents of the complaint do not constitute the offences under Sections 353, 504 and 506 of IPC. - 4 - HC-KAR NC: 2025:KHC:45196 CRL.P No. 11554 of 2023 3. Per contra, learned High Court Government Pleader for respondent no.1-State as well as learned counsel for respondent no.2/complainant submit that the allegations in the complaint constitute the offences as alleged and pray for dismissal of the criminal petition. 4. Section 353 of IPC pertains to assault or criminal force to deter public servant from discharge of his duty. Assault is defined in Section 351 of IPC and the same reads as under: "351. Assault. Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault." 5. Section 504 of IPC reads as under: "504. Intentional insult with intent to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a - 5 - HC-KAR NC: 2025:KHC:45196 CRL.P No. 11554 of 2023 term which may extend to two years, or with fine, or with both." 6. Section 503 of IPC reads as under: "503. Criminal intimidation. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation." 7. Section 506 of IPC reads as under: "506. Punishment for criminal intimidation. Whoever, commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.: And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either - 6 - HC-KAR NC: 2025:KHC:45196 CRL.P No. 11554 of 2023 description for a term which may extend to seven years, or with fine, or with both." 8. The specific allegation made against the petitioner is that when the complainant was forming a road on the land in discharge of his official duties, the petitioner called him on his mobile and threatened him not to do the said work. He is said to have stated "¤ªÀÄä C¥Àà£À ªÀÄUÀ£ÁVzÀÝgÉ PÉ®¸ÀªÀ£ÀÄß ªÀiÁqÀÄ" (If you are your father's son, do the work). It is further alleged that he has given a life threat to respondent no.2. It is also said that he has come to the spot and obstructed the formation of the road on two or three occasions. 9. The allegations made in the complaint in my opinion satisfy the ingredients of Sections 353 and 506 of IPC and not 504 of IPC. Whether the petitioner has indeed committed the alleged offences or not is a matter to be established in the trial and it is needless to state that the burden lies on the prosecution. Further the police, after investigation are at liberty to decide whether to file a police report against the petitioner and continue with the case against him or file a 'B' report. It depends upon the material gathered by the prosecution during - 7 - HC-KAR NC: 2025:KHC:45196 CRL.P No. 11554 of 2023 investigation. However, at this juncture, I am of the opinion that, based on the allegations made in the complaint this is not a fit case to be interfered with under Section 482 of Cr.P.C. Subject to the aforementioned observations, the criminal petition is dismissed. In view of dismissal of main petition, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 22