- 1 - HC-KAR NC: 2026:KHC:121 WP No. 4219 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 4219 OF 2022 (GM-RES) BETWEEN: 1. SMT. SAKAMMA, W/O BABU .R AGED ABOUT 54 YEARS 2. DR. CHAITRA .B., D/O BABU .R., AGED ABOUT 31 YEARS ABOVE BOTH ARE THE RESIDENTS OF #33/6, 2ND CROSS, B.T.M 1ST STAGE, CASHIER LAYOUT, TAVAREKERE, BENGALURU - 560 029. …PETITIONERS (BY SRI. N. GOWTHAM RAGHUNATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY H.S.R. LAYOUT POLICE STATION REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, VIDHANA SOUDHA AMBEDKAR VEEDHI, BENGALURU-560001. 2. MS. USHA KUMARI D/O N. SRINIVASAIAH AGED ABOUT 23 YEARS R/AT #64, SRI VENKATESHWARA NILAYA, SURYODAYA GARDEN LAYOUT NEAR EAST POINT HOSPITAL, BIDARAHALLI, BENGALURU-560049. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1 SRI. AMARESHA .M., ADVOCATE FOR R2 (AB)) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:121 WP No. 4219 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 R/W SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973 PRAYING TO CALL FOR RECORDS PERTAINING TO THE FIR IN CRIME NUMBER 19/2022 DTD. 03.02.2022 REGISTERED BY THE R-1 POLICE, UNDER SECTIONS 354(B), 427, 506 AND 504 PF THE INDIAN PENAL CODE, 1890 AGAINST THE PETITIONERS (ANNX-A). AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Petitioners being accused Nos.2 and 3 in Cr.No.19/2022 of HSR Layout Police Station registered for the offences punishable under Sections 354B, 427, 504 and 506 of IPC are seeking to quash the criminal proceedings initiated against them. 2. Heard Sri.N.Gowtham Raghunath, learned counsel for the petitioners and Sri. Rangaswamy R, learned High Court Government Pleader for the respondent No.1. Learned counsel for respondent No.2 remained absent despite service of notice. - 3 - HC-KAR NC: 2026:KHC:121 WP No. 4219 of 2022 Hence, his argument is taken as nil. Perused the materials on record. 3. In view of the rival contentions urged by learned counsel for the petitioners and learned HCGP for respondent No.1, the point that would arise for my consideration is: "Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in the 'Affirmative' for the following: REASONS 4. It is the contention of respondent No.2 - Informant that she was working as software engineer and was in love with accused No.1 since three years. On 03.02.2022, she received a phone call from accused No.1 and accordingly, she went to Silk Board. Later, of them went to a temple. They had lunch at Bannerghatta. The informant was with accused No.1 in his car, who took her to his own bar at HSR layout at 6.00 p.m., where the fight between informant and accused No.1 started. There are allegations made against accused No.1. However, it is - 4 - HC-KAR NC: 2026:KHC:121 WP No. 4219 of 2022 stated that when they were fighting with one another, accused No.2 being the mother of accused No.1 and accused No.3 being his sister, came to the spot and abused the informant. Except this bald allegation made against accused Nos.2 and 3, who are the petitioners herein, there are absolutely no other allegations. 5. It is stated that accused No.3 the sister of accused No.1, is the holder of Masters degree in Dental Surgery (Oral and Maxillofacial Surgery). Annexure - 'E' is the degree certificate pertaining to her. Learned counsel for the petitioner produced Annexure - 'D' to show that, even as on the date and time of incident i.e., on 03.02.2022, accused No.3 was working online from home. It is stated that accused No.2 being the mother of accused Nos.1 and 3 is a house wife, who was at her house. 6. According to the informant, the incident had taken place at HSR Layout in the public place and that accused No.1 and informant were roaming around since morning. It is quite unnatural to say that accused Nos.2 and 3 being the mother and sister of accused No.1 rushed to the spot and abused the informant. It is not the contention of the informant that - 5 - HC-KAR NC: 2026:KHC:121 WP No. 4219 of 2022 accused Nos.2 and 3 have also accompanied accused No.1 or that they were following accused No.1 and the informant wherever they were going. I do not find any prima-facie materials to constitute the offence as alleged. 7. It is stated that in view of the interim order granted by this Court, the investigation against petitioners were not undertaken. The final report came to be filed against accused No.1. The Trial Court has already framed charge against him and the matter is pending for trial. 8. Since I do not find any materials against these petitioners and the allegations made by the informant is bald and quite unnatural, I am of the opinion that the initiation of criminal proceedings against petitioners is nothing but abuse of process of law. Hence, the same is liable to be quashed. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER (i) The Writ Petition is allowed. - 6 - HC-KAR NC: 2026:KHC:121 WP No. 4219 of 2022 (ii) The criminal proceedings initiated in Crime No.19/2022 of HSR Layout Police Station, registered for the offences punishable under Section 354B, 427, 504 and 506 of Indian Penal Code, is hereby quashed against the petitioners. SD/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 38