- 1 - HC-KAR NC: 2025:KHC:45814 CRL.P No. 11951 of 2025 C/W CRL.P No. 864 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11951 OF 2025 C/W CRIMINAL PETITION NO.864 OF 2025 IN CRL.P No.11951/2025: BETWEEN: 1. MR.YAKSHITH K. A., S/O LATE APPAIAH, AGED ABOUT 28 YEARS, NEAR AKASHAVANI QUARTERS, CHAMUNDESHWARI NAGARA, MADIKERI TALUK, KODAGU DISTRICT-571201. 2. MR. ROHITH K. K., S/O GANESH, AGED ABOUT 33 YEARS, DOOR NO.137, 6TH CROSS, RAJARAJESHWARI NAGARA, BANGALORE-560 098. 3. MR. KAVAN K. A., S/O LATE APPAIAH, AGED ABOUT 29 YEARS, NEAR AKASHAVANI QUARTERS, CHAMUNDESHWARI NAGARA, MADIKERI TALUK, KODAGU DISTRICT-571 201. 4. MR. LEENESH M. S., S/O. SOMASHEKAR, AGED ABOUT 28 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45814 CRL.P No. 11951 of 2025 C/W CRL.P No. 864 of 2025 RTB MANAGER NO.037, NIVEDITA NAGARA, MYSORE-570 022. …PETITIONERS (BY SRI. HITESH D., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADIKERI TOWN POLICE STATION MADIKERI-571201. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001. 2. MR. YASHODHARA D. B. @ YASHWANTH D.B., S/O D T BALASUBRAMANI AGED ABOUT 32 YEARS, ABYATHMANGALA, SOMWARPETE TALUK, KODAGU DISTRICT-571 253. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. SOMANNA K.P., FOR SMT. LEELA P. DEVADIGA, ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS IN C.C.NO.133/2023 AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCE P/U/Ss. 323, 324, 504, 506, 34 OF IPC REGISTERED BY RESPONDENT NO.1 POLICE (MADIKERI TOWN P.S) PENDING ON THE FILE OF THE HON'BLE SENIOR CIVIL JUDGE AND C.J.M., MADIKERI VIDE ANNEXURES - C & D. - 3 - HC-KAR NC: 2025:KHC:45814 CRL.P No. 11951 of 2025 C/W CRL.P No. 864 of 2025 IN CRL.P NO.864/2025: BETWEEN: SRI. YASHODARA. D. B. S/O D.T. BALASUBR MANI, AGED ABOUT 32 YEARS, R/AT ABYATHMANGALA, KODAGU-571 253. (ADDRESS AS PER ADHAR CARD) ...PETITIONER (BY SRI. SOMANNA K.P., ADVOCATE FOR SMT. LEELA P. DEVADIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MADIKERI TOWN, REPRESENTED BY SPP OFFICE, HIGH COURT OF KARNATAKA, BENGALURU- 560 001. 2. SRI. YAKSHITH K.A., S/O. LATE APPAIAH K.A, AGED ABOUT 27 YEARS, R/AT. NEAR AKASHAVANI QUARTERS, CHAMUNDESHWARI NAGARA, MADIKERI-571 201. ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. HITESH D., ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.132/2023 EARLIER NO.1316/2022, ARISING OUT OF CHARGE SHEET DTD. 31.05.2024, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, KODAGU - MADIKERI, FOR THE OFFENCES P/U/S 341, 323, 504, 324, 506 R/W 34 OF IPC. - 4 - HC-KAR NC: 2025:KHC:45814 CRL.P No. 11951 of 2025 C/W CRL.P No. 864 of 2025 THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER In both these petitions, petitioners are seeking to quash the entire proceedings pending against them before the Court of Senior Civil Judge and CJM, Kodagu-Madikeri. 2. Criminal Petition No.11951/2025, arise out of Crime No.72/2021 of Madikeri Town Police Station, now pending in C.C.No.133/2023, on the file of the court of Senior Civil Judge and C.J.M., Kodagu-Madikeri. 3. Criminal petition No.864/2025, arise out of Crime No.6/2022 of Madikeri Town Police Station, now pending in C.C. No.132/2023, on the file of the court of Senior Civil Judge and C.J.M., Kodagu-Madikeri. 4. In Crime No.72/2021, the first informant by name Sri.Yashwanth D.B. has alleged that, on 06.11.2021, at about 10.45 p.m. when he was at the bar counter of a church side hotel, the accused named in the FIR on account of previous enmity, picked up quarrel with him, abused and slapped him, thereafter, they assaulted with hands and kicked him all over - 5 - HC-KAR NC: 2025:KHC:45814 CRL.P No. 11951 of 2025 C/W CRL.P No. 864 of 2025 the body and also assaulted with empty beer bottle etc.,. FIR is registered against accused Nos.1 to 7. 5. The police on completion of investigation, filed charge sheet against accused Nos.1 to 4, dropping accused Nos.5 to 7 named in the FIR. 6. The material on record goes to show that the first informant Sri.Yashwanth D.B. has sustained injuries in the incident, though the injuries are simple in nature, from which it is evident that certain incident of assault has taken place. Moreover, there are eye witnesses to the incident apart from the injured. The trial is in progress in the said case and four witnesses are already examined in the case. Hence, no grounds are made out to quash the proceedings. 7. The learned counsel for the petitioner in Criminal petition 864/2025 has contended that after an inordinate delay, the complaint was lodged in the said case and even otherwise the ingredients of the offences alleged are not made out. He contended that the petitioner is innocent and he is falsely implicated, since a complaint was lodged against accused No.1 and others in Crime No.72/2021. He contended that the - 6 - HC-KAR NC: 2025:KHC:45814 CRL.P No. 11951 of 2025 C/W CRL.P No. 864 of 2025 complaint lodged against the petitioner is a counter blast to the complaint lodged against accused No.1 and others in Crime No.72/2021 and there are no materials collected against these petitioners so as to charge sheet them. Therefore, contended that the proceedings against the petitioners is abuse of process of law. 8. As per the complaint lodged by one Yakshith K.A., on 06.11.2021 at about 07.30 p.m. when he along with his brother was proceeding near Akashavani guest house, the accused/petitioners stopped them and assaulted demanding a sum of ₹ 2,00,000/- stating that they will register certain lands situated near ITI, in his name. However, the complainant refused. Thereafter, at about 10.30 p.m., when the complainant and his brother went near the church side hotel along with their friends and when they were near the cash counter, the accused picked up a quarrel with the complainant and demanded a sum of ₹ 10,000/- and all of a sudden assaulted him with hands and accused No.2 tried to assault him with a bottle. Further, accused No.1 held the neck of the complainant and accused No.2, kicked him etc.,. - 7 - HC-KAR NC: 2025:KHC:45814 CRL.P No. 11951 of 2025 C/W CRL.P No. 864 of 2025 9. The material on record goes to show that, complainant namely Sri.Yakshith K.A., has sustained certain injuries, though the said injuries are stated to be simple in nature, which confirms the incident alleged to have taken place on 6.11.2021. 10. The contention of the learned counsel for the petitioners that there is delay in lodging the complaint and in registering the case and therefore, the entire allegations are false etc., cannot be accepted at this stage. Since the police did not register a case on a complaint lodged against the petitioners, the first informant was constrained to file a private complaint before the learned Magistrate. The said complaint was referred to police for investigation and thereafter, the case was registered. Even the wound certificate of the first informant Yakshit goes to show that the history furnished was that, assault at about 10.30 p.m. on 06.11.2021 near church side hotel. During investigation the statements of the eye witnesses are also recorded. 11. This court cannot quash the proceedings, since there are materials showing a prima facie case against the - 8 - HC-KAR NC: 2025:KHC:45814 CRL.P No. 11951 of 2025 C/W CRL.P No. 864 of 2025 petitioners. However, considering that the injuries sustained by both the parties are simple injuries, it is always open for them, to seek for quashing on the ground of settlement, if any. Both the petitions are dismissed. IA No.1/2025 in both the petitions stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE AP List No.: 1 Sl No.: 46