- 1 - HC-KAR CNR: KAHC010348612020 NC: 2026:KHC:55132 CRL.P No. 6638 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.6638 OF 2020 BETWEEN: 1. VIJAYA KUMARI W/O SANJEEVAIAH AGED ABOUT 56 YEARS R/AT DASAPPANAPALYA 3RD BLOCK, KUDUR TOWN MAGADI TALUK RAMANAGARA DISTRICT - 562 159. ALSO AT R/AT 496/A, 5TH MAIN 11TH CROSS, WCR NAGAPURA MAHALAKSHMIPURAM BANGALORE - 560 086. 2. SANJEEVAIAH S/O LATE HONNAPPA ADVOCATE AGED ABOUT 62 YEARS R/AT 496/A, 5TH MAIN 11TH CROSS, WCR NAGAPURA MAHALAKSHMIPURAM BANGALORE - 560 086. …PETITIONERS (BY SRI. N.K. KANTHARAJU, ADV.,) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010348612020 NC: 2026:KHC:55132 CRL.P No. 6638 of 2020 AND: 1. STATE OF KARNATAKA BY KUDURU PS REPTD BY SPP HIGH COURT BUILDINGS BENGALURU - 560 001. 2. YASHODAMMA W/O LATE CHANNAPPA AGED ABOUT 60 YEARS R/AT DASAPPANA PLAYA 3RD BLOCK, KUDUR TOWN MAGADI TALUK RAMANAGARA - 244 175. …RESPONDENTS (BY SRI. M. DIWAKAR MADDUR, HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE FURTHER PROCEEDINGS IN C.C.NO.1060/2020 ARISING OUT OF CR.NO.356/2019 BY KUDURU POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 143, 323, 324, 504, 506 R/W 149 OF IPC PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., MAGADI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010348612020 NC: 2026:KHC:55132 CRL.P No. 6638 of 2020 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioners and also the learned High Court Government Pleader appearing for respondent No.1-State. 2. This petition is filed praying this Court to quash the proceedings in C.C.No.1060/2020, arising out of Crime No.356/2019 registered by the Kudur Police for the offences punishable under Sections 143, 323, 324, 504, 506 read with Section 149 of IPC, pending on the file of Principal Civil Judge and JMFC, Magadi. 3. The factual matrix of the case of the prosecution is that on 25.12.2019 between 02:30 p.m. and 03:00 p.m. when the complainant CW2 was constructing a house in the vacant land, the accused persons by forming an unlawful assembly came and obstructed and also assaulted him, made him to fall on the ground, abused him in a filthy language, assaulted with bricks and also twisted the right hand of CW2 and the specific - 4 - HC-KAR CNR: KAHC010348612020 NC: 2026:KHC:55132 CRL.P No. 6638 of 2020 overt act allegation is made against accused Nos.1 to 7. The police have investigated the matter and filed the charge sheet. 4. Learned counsel for the petitioners would submit that these petitioners, who are accused Nos.4 and 5, were not there at the spot and they are the residents of Mahalakshmipuram and only false case has been registered against them. Learned counsel would also submit that case and counter case is registered and that too, this complaint is filed after filing of the complaint by the petitioners’ side and the continuation of the proceedings against these petitioners is nothing but an abuse of process. 5. Per contra, learned HCGP appearing for the respondent-State would submit that police investigated the matter and filed the charge sheet. The complainant and others have sustained injuries and even wound certificates are produced by the petitioners themselves which are relied upon before the Court which discloses that they have sustained simple injuries. Learned HCGP would also submit that there are - 5 - HC-KAR CNR: KAHC010348612020 NC: 2026:KHC:55132 CRL.P No. 6638 of 2020 four eyewitnesses to the incident, who witnessed the incident and pacified the incident. 6. Having heard the learned counsel appealing for the petitioners and also the learned HCGP appearing for the respondent-State, learned counsel appearing for the petitioners also does not dispute the fact that case and counter cases are registered. Though learned counsel for the petitioners would contend that no specific overt act is against these petitioners, but specific allegations are against accused No.4 that accused Nos.3 and 4 twisted right hand of CW2 and inflicted injury on the body with their hands and so also specific allegation against accused Nos.5 and 6 that both of them assaulted with bricks on CWs2 and 3. The charge sheet material also discloses that the said incident is witnessed by CWs4, 5, 6 and 7 and when there are injuries and also the wound certificates, which are available before the Court, and even though said injuries are simple in nature, but this is a disputed fact. Whether these petitioners shared the common object along with other accused and inflicted the injuries is a matter of trial. This Court cannot accept the defence of the petitioners that they were not present - 6 - HC-KAR CNR: KAHC010348612020 NC: 2026:KHC:55132 CRL.P No. 6638 of 2020 at the spot when the specific allegations and overt act allegations are made against these petitioners. This Court cannot decide the issue of involvement and also the assault when there are eyewitnesses and also the statement of injured witnesses is against these petitioners, hence, it is a matter of trial. 7. In view of the discussions made above, I pass the following: ORDER Petition is dismissed. Sd/- (H.P.SANDESH) JUDGE BSR List No.: 1 Sl No.: 27