- 1 - HC-KAR NC: 2025:KHC:33804 CRL.P No. 6684 of 2023 C/W CRL.P No. 7027 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6684 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 7027 OF 2022 IN CRL.P No. 6684/2023 BETWEEN: SMT. RADHIKA. P. C. W/O THIRTHAPRASAD, AGED ABOUT 34 YEARS, R/AT PALLATADKA HOUSE, BALPA VILLAGE, KADABA TALUK, D.K. DISTRICT-574 239, AADHAAR NO. 3094 9953 8503. …PETITIONER (BY SRI. RAJARAMA S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SUBRAMANYA POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SRI. ANGARA S/O. BORA MAYILA, AGED ABOUT 43 YEARS, R/AT HEBBARAAHITHLU HOUSE, KUTHKUNJA VILLAGE, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33804 CRL.P No. 6684 of 2023 C/W CRL.P No. 7027 of 2022 SULLIA TALUK, D.K. DISTRICT-574 239. …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.5037/2022 ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K. REGISTERED BY THE SUBRAMANYA POLICE STATION FOR THE OFFENCE P/U/S 3(2)(va) OF SC/ST (POA) AMENDMENT ACT, 2015 AND UNDER SECTION 75 OF JUVENILE JUSTICE ACT 2000. IN CRL.P NO. 7027/2022 BETWEEN: SRI CHANDRASHEKHAR KUKKAPUNE S/O AMBADI PATALI AGED ABOUT 45 YEARS R/AT AIVATHOKLU, SANKADKA POST PANJA, SULLIA, D K - 574232 ALSO AT KUTHAKUNJA SCHOOL, HEAD MASTER KUTHKUNJA VILLAGE, SULLIA TALUK DK - 574232 ...PETITIONER (BY SRI.ANIKETH.K.U, ADVOCATE FOR SRI. SACHIN B S, ADVOCATE) AND: 1. ANGARA S/O BORA MAYILA AGED ABOUT 42 YEARS R/AT HEBBARAHITHLU HOUSE - 3 - HC-KAR NC: 2025:KHC:33804 CRL.P No. 6684 of 2023 C/W CRL.P No. 7027 of 2022 KUTHKUNJA VILLAGE SULLIA TALUK, DK - 574232 2. STATE OF KARNATAKA SUBRAMANYA POLICE STATION MANGALORE-574238 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560001 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR 2; R1 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.65/2022 ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K. REGISTERED BY THE SUBRAMANYA P.S FOR THE OFFENCE P/U/S 3(2)(va) OF SC/ST (POA) AMENDMENT ACT, 2015 AND SECTION 323 OF IPC AND SECTION 75 OF JUVENILE JUSTICE ACT 2000. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners who are arraigned as accused Nos.1 and 2 have filed these petitions under Section 482 of the Code of Criminal Procedure with a prayer to quash the criminal proceedings initiated against them in Cr.No.65/2022 of Subramanya PS, Mangaluru, for the offences punishable - 4 - HC-KAR NC: 2025:KHC:33804 CRL.P No. 6684 of 2023 C/W CRL.P No. 7027 of 2022 under Sections 323 IPC, Section 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 and Section 75 of Juvenile Justice Act, 2000. 2. In support of the petition, the petitioners have contended that they are working as Headmaster and Assistant teacher at Higher Primary School, Kutkunja village, Sullia, since past several years with dedication. On 18.06.2022, which was a Saturday, after the lunch hours, some of the students were called for quiz competition. A quarrel took place between one Gautami and Dhanya. At that time, Jithesh Kumar, the son of respondent No.2 abused Dhanya, as Bevarsi. At that time petitioners disciplined him and advised not to use such abusive words. In respect of the said incident, respondent No.2 has filed a complaint, without disclosing the true facts. None of the provisions for which case is register are attracted. The concerned police without application of mind have registered the case. Continuation of the criminal - 5 - HC-KAR NC: 2025:KHC:33804 CRL.P No. 6684 of 2023 C/W CRL.P No. 7027 of 2022 proceedings would amount to abuse of the process of the Court, especially when the petitioners are Government employees and hence the petition. 3. On the other hand, learned High Court Government Pleader representing respondent No.2 State and learned counsel representing respondent No.2 would submit that his son Jithesh Kumar, aged 9 years is studying in Government Higher Primary School, Kutkunja. They belong to Scheduled Caste. On 18.06.2022, Saturday after 1.30 p.m, under the pretext of Quiz competition, children were retained. When complainant's wife went to the school to bring him back, she found Jithesh Kumar crying. On enquiry, it was revealed that, petitioners have assaulted him on his cheek. After discussing with the family members, he filed complaint belatedly on 20.06.2022. Based on the complaint, the concerned police registered case and took up investigation. Matter requires detailed investigation. Due to the stay granted by this Court, - 6 - HC-KAR NC: 2025:KHC:33804 CRL.P No. 6684 of 2023 C/W CRL.P No. 7027 of 2022 investigation could not be continued and pray to dismiss the petition. 4. Heard arguments and perused the record. 5. It is not in dispute that petitioners are working as Headmaster and Assistant Teacher in Government Higher Primary School, Kutkunja and Jithesh Kumar, the son of complainant is also studying in the same school in 9th standard. It appears since 18.06.2022 was a Saturday, some of the children were detained as there was Quiz competition. It is alleged that the petitioners slapped Jithesh Kumar in respect of the said incident. Respondent No.2, who is the father of Jithesh Kumar filed the complaint. However, it is contended by the petitioner that on that day two girls by name Gautami and Dhanya were quareling and at that time, Jithesh Kumar abused Dhanya by calling her Bevarsi. Therefore, he was disciplined by the petitioners. No offence as alleged in the complaint has - 7 - HC-KAR NC: 2025:KHC:33804 CRL.P No. 6684 of 2023 C/W CRL.P No. 7027 of 2022 taken place. The continuation of criminal proceedings would amount to abuse of the process of the Court. 6. Admittedly Jithesh Kumar has not suffered any injury and he has not taken any treatment. It appears a trivial incident was blown out of proportion and a complaint is filed as though intentionally petitioners have assaulted Jitesh Kumar for the reason that he belongs to Scheduled Caste. In fact, charge sheet reveal that accused No.2 also belong to Schedule Caste. As the Headmaster and Assistant Teacher of the school in question, petitioners have right to discipline their erring students. At any stretch of imagination, it cannot be accepted that petitioners slapped Jithesh Kumar and it is for the reason that he belong to Schedule Caste. Certainly the registration of the Crime and Filing of the charge sheet and continuation of the criminal proceedings would amount to abuse process of the Court and as such, it is liable to be quashed. - 8 - HC-KAR NC: 2025:KHC:33804 CRL.P No. 6684 of 2023 C/W CRL.P No. 7027 of 2022 7. In the result, the petition succeeds and accordingly the following: ORDER (i) Petitions filed by the petitioners/accused Nos.1 and 2 under Section 482 Cr.P.C is allowed. (ii) The criminal proceedings in Spl.C.No.5037/2022 on the file of V Addl.District and Sessions Judge, D.K.Mangaluru, for the offences punishable under Sections 323 IPC, Section 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 and Section 75 of Juvenile Justice Act, 2000s (arising out of Cr.No.65/2022 of Subramanya PS, Mangaluru. (iii) The Registry is directed to send a copy of the order to the trial Court through email. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 33