- 1 - HC-KAR CNR: KAHC010407582020 NC: 2026:KHC:50305 CRL.P No. 8056 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.8056 OF 2020 BETWEEN: 1. SRI T R BHASKAR S/O LATE T C RAMASWAMY NAIDU AGED ABOUT 63 YEARS 2. SRI T R DEVARAJU S/O LATE T C RAMASWAMY NAIDU AGED ABOUT 62 YEARS BOTH ARE R/AT NO.90 6TH CROSS, KARTHIT NETRALAYA ASHOKNAGAR, N R COLONY BASAVANAGUDI BANGALORE-560050 …PETITIONERS (BY SRI. RAJESHWARI M, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GIRINAGARA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 2. SRI LAKSHMINARAYANA AGED ABOUT MAJOR S/O MOHAN R/AT NO.122, 3RD CROSS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010407582020 NC: 2026:KHC:50305 CRL.P No. 8056 of 2020 JANASHAKTHINAGAR HOSAKEREHALLI BANASHANKARI 3RD STAGE BANGALORE-560085 …RESPONDENTS (BY SRI SUHAS GOWDA M, HCGP FOR R1; R2 – SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED IN THE C.C.NO.6648/2020 (CR.NO.150/2019) PENDING ON THE FILE OF THE 32ND A.C.M.M., AT BENGALURU FOR THE OFFENCE P/U/S 307, 504 R/W 34 OF IPC (201 AND 120B) R/W 34 OF IPC AGAINST ACCUSED 4 AND 5 I.E PETITIONER 1 AND 2 BEFORE THIS COURT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel appearing for the respective parties. 2. This petition is filed praying this Court to quash the charge sheet filed in C.C.No.6648/2020 arising out of the Crime No.No.150/2019 on the file of 32nd ACMM, Bengaluru for the - 3 - HC-KAR CNR: KAHC010407582020 NC: 2026:KHC:50305 CRL.P No. 8056 of 2020 offences punishable under Sections 307, 504 (201 and 120B) read with Section 34 of IPC against accused Nos.4 and 5. 3. The charge sheet allegation against these petitioners who have been arrayed as accused Nos.4 and 5 is that they have conspired with accused Nos.1 to 3 and hided accused Nos.1 to 3 at Velore, Vettivanam of Tamil Nadu State and instead of accused No.2, in the name of the CW5, anticipatory bail petition was filed before the High Court and insisted CW1 to CW4 to withdraw the case and an attempt was made to screen the evidence. 4. The counsel appearing for the petitioners would submit that filing of the anticipatory bail petition before the High Court is not an offence and the same is filed on behalf of accused No.2. The counsel also would submit that in order to impersonation on behalf of accused No.2, the witness-CW5, has filed the petition. To that effect also nothing is elicited during the course of investigation. The counsel appearing for the petitioners would submit that in order to attract the offences under Sections 120B as well as Section 201 is concerned - 4 - HC-KAR CNR: KAHC010407582020 NC: 2026:KHC:50305 CRL.P No. 8056 of 2020 nothing is collected during the course of investigation except making the allegations. 5. Per contra, the counsel appearing for the State would submit that shelter was given to accused Nos.1 to 3 when they committed the offence and when the anticipatory bail petition was moved before this Court, an allegation of conspiracy is alleged and conspiracy could be proved only by placing the material and direct evidence cannot be placed. The counsel also would submit that an attempt is made by these accused Nos.4 and 5 for screening of the evidence. 6. Having heard the learned counsel appearing for the respective parties and considering the allegation made in the charge sheet and in the complaint, it discloses that an allegation is made that the petitioners have threatened CW1 to CW4, but not invoked the offence under Section 506 of IPC in the charge sheet. The complaint was registered only for the offence under Section 307, 504, 120B, 201 read with Section 34 of IPC. But while filing the charge sheet, offences under Section 120B and 201 read with Section 34 of IPC was invoked. The allegations made in the complaint otherwise different from - 5 - HC-KAR CNR: KAHC010407582020 NC: 2026:KHC:50305 CRL.P No. 8056 of 2020 the allegations made in the charge sheet. No doubt, while filing the charge sheet, CW2 to CW4 are cited as eyewitnesses but having perused their statement, it discloses that there is no relevancy to the accusation made in the complaint as well as in the charge sheet. When the offence was invoked under Section 307 as well as 504 of IPC in the FIR, while filing the charge sheet invoked only the offences under Section 120B and 201 of IPC and no such ingredients are found as stated in the complaint in respect of the said offences. When such being the case, it is nothing but an abuse of process. If this Court fails to exercise the powers under Section 482 of Cr.P,C, it amounts to miscarriage of justice. Hence, the petitioners have made out of the grounds the exercise the powers under Section of 482 of Cr.P.C. 7. In view of the discussions made above, I pass the following: ORDER The petition is allowed. - 6 - HC-KAR CNR: KAHC010407582020 NC: 2026:KHC:50305 CRL.P No. 8056 of 2020 The charge sheet filed against these two petitioners who have been arrayed as accused Nos.4 and 5 in C.C.No.6648/2020 in Crime No.150/2019 on the file of 32nd ACMM, Bengaluru for the offences punishable under Sections 201 and 120B read with Section 34 of IPC is hereby quashed. Sd/- (H.P.SANDESH) JUDGE SN