Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:32387 CRL.P No. 10929 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10929 OF 2025 BETWEEN: TIRUMALESH S/O GANESH, AGED ABOUT 48 YEARS, R/AT NO.102/2, 5TH MAIN ROAD, 2ND CROSS ROAD, NEAR RAMACHANDRA HOME, GOVINDARAJANAGAR, BENGALURU, KARNATAKA - 560 079. …PETITIONER (BY SRI. NATARAJ D, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY KAMAKSHIPALYA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2.
CHITRAVATHI H S, W/O CHUNCHEGOWDA AGED ABOUT 38 YEARS, RESIDING AT NO.5, 15TH CROSS, N R COLONY, BANGALORE - 560 004. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:32387 CRL.P No. 10929 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR THEREIN RAISED IN CR.NO.210/2025 REGISTERED AT KAMAKSHIPALYA P.S., FOR THE OFFENCES P/U/S 352, 75(1)(iv), 79 OF BNS, 2023, ON THE FILE OF HONBLE ACJM, BENGALURU CITY, AGAINST THE PETITIONER BY ALLOWING THIS PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the accused seeking quashing of the proceedings pending in FIR No.210/2025 registered by Kamakshipalya Police Station for the offence punishable under sections 352, 75(1)(iv), 79 of BNS, 2023 on the file of L Addl. Chief Judicial Magistrate, Bengaluru City. 2. Respondent No.2, who is serving as a Home Guard, has lodged a complaint alleging that on 24.04.2025, she was deputed to discharge duty
- 3 -
HC-KAR NC: 2025:KHC:32387 CRL.P No. 10929 of 2025 at Malgala Underpass. She reported for duty at around 7.00 a.m. and continued to be on duty until about 11.30 a.m. At that juncture, when there was a lull in traffic movement, she intended to take a brief rest. It is alleged that the accused arrived at the spot in a car, alighted therefrom, and began recording a video of the complainant while she was resting. When the complainant questioned this conduct, the accused allegedly started hurling abusive language against her, asserting that she was neglecting her duty. The complainant is stated to have explained that there was a temporary drop in vehicular movement and therefore she had paused briefly, but despite such explanation, the accused is alleged to have not only abused her in filthy language but also physically misbehaved by holding her hand and further attempting to outrage her modesty by putting his hand into the trouser pocket of the complainant. - 4 -
HC-KAR NC: 2025:KHC:32387 CRL.P No. 10929 of 2025
3. On a careful reading of the allegations in the complaint, this Court is of the view that the accusations levelled by respondent No.2 are grave in nature. The allegations of using abusive language against a woman on public duty, coupled with the claim of physical misbehaviour, cannot be lightly brushed aside. Such conduct, if established, strikes at the dignity of a woman and also undermines the authority of a uniformed personnel discharging her lawful duties. The incident alleged, therefore, calls for a thorough investigation by the jurisdictional police to ascertain whether such acts have indeed occurred. 4. At this nascent stage of investigation, this Court is not inclined to invoke its inherent jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceedings. Any interference at this stage would stifle the legitimate right of the complainant to have her grievance investigated.
- 5 -
HC-KAR NC: 2025:KHC:32387 CRL.P No. 10929 of 2025
5. Accordingly, this Court is of the considered opinion that the matter requires to be probed further by the investigating officer. Hence, the criminal petition stands dismissed, making it clear that this Court has not expressed any opinion on the merits of the case, and all contentions of both parties are left open to be urged at the appropriate stage. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 4 CT: BHK