- 1 - HC-KAR NC: 2025:KHC:26276 CRL.P No. 3015 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3015 OF 2024 BETWEEN: 1. HANUMANTHAPPA S/O SANKAPPA, AGED ABOUT 44 YEARS, OCC: AGRICULTURE, R/AT GUDDADA CAMP, HALE BATHI VILLAGE, DAVANAGERE TALUK - 577 002. 2. CHAMAN SAB S/O HUSSAIN SAB, AGED ABOUT 45 YEARS, OCC: COOLIE, R/AT GUDDADA CAMP, HALE BATHI VILLAGE, DAVANAGERE TALUK - 577 002. …PETITIONERS (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: 1. STATE BY RURAL POLICE STATION, DAVANAGERE. REPRESENTED BY S P P , HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. SUDHARANI Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26276 CRL.P No. 3015 of 2024 W/O RAMABABU, AGED 34 YEARS, R/AT HALE BATHI, GUDDADA CAMP, DAVANAGERE TALUK - 577 002. …RESPONDENTS (BY SRI. NAGESHWARAPPA K, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.427/2023 OF DAVANAGERE RURAL POLICE, PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., DAVANAGERE IN C.C.NO.404/2024 FOR THE OFFENCE P/U/S 212 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: "Wherefore the Petitioners most respectfully prays that this Hon'ble Court kindly allow this Criminal Petition and quash the entire proceedings in Crime No.427/2023 of Davanagere Rural Police, pending on the file of Prl. Senior Civil Judge and CJM, Davanagere, in C.C.No.404/2024 for the offence punishable U/Sec.212 of IPC, in the interest of justice. - 3 - HC-KAR NC: 2025:KHC:26276 CRL.P No. 3015 of 2024 2. Heard the learned counsel appearing for the petitioner, learned HCGP appearing for respondent No.1 and perused the material on record. Respondent No.2 having been served with notice of this petition, has chosen to remain unrepresented and has not contested the proceedings. 3. A perusal of the material on record will indicate that the second respondent-defacto complainant filed the instant complaint registered as FIR in Crime No.427/2023 against one Dasara Manjappa-accused No.1 for offences punishable under Sections 354(A), 354(B), 376, 448, 506 & 511 of IPC. In pursuance of the same, police authorities conducted investigation and filed the impugned charge sheet pending adjudication in C.C.No.404/2024 in which the petitioners are arraigned as accused Nos.2 and 3 for the offence punishable under Section 212 of IPC. 4. In this context, it is relevant to state that a perusal of the charge sheet material comprising of the documents, statement of witnesses etc., will indicate that the only allegation made against the petitioners is that they were - 4 - HC-KAR NC: 2025:KHC:26276 CRL.P No. 3015 of 2024 harboring accused No.1 thereby committing an offence under Section 212 of IPC. In this context, it is relevant to state that the necessary ingredients constituting the aforesaid offence of Section 212 of IPC are conspicuously absent and not forthcoming from the material on record and consequently, in the light of the undisputed fact that the petitioners were not arraigned as accused in the original FIR and in the absence of necessary ingredients constituting offence of harboring accused No.1 as contemplated under Section 212 of IPC, I am of the view that continuation of the impugned proceedings qua petitioners-accused Nos.2 & 3 would amount to abuse of process of law warranting interference in the present petition which deserves to be allowed. 5. In the result, I pass the following: ORDER (i) Petition is hereby allowed; (ii) The entire proceedings in C.C.No.404/2024 arising out of FIR in Crime No.427/2023 registered by the first respondent, pending on the file Principal Senior Civil - 5 - HC-KAR NC: 2025:KHC:26276 CRL.P No. 3015 of 2024 Judge and CJM, Davanagere for the offence punishable under Section 212 of IPC qua the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE YN List No.: 1 Sl No.: 6 CT: BHK