Allowed¶59

K P Dilip Kumar v. State of Karnataka

Karnataka HC21 Nov 2025CRL.P/13854/2023

Case brief

AI extract

What is this about?

Section 482 CrPC quashing; inherent powers; abuse of process; contradictory complaints/FIRs; SC/ST (Prevention of Atrocities) Act 1989 Sections 3(1)(r), 3(1)(s), 3(1)(xi), 3(1)(xii); IPC Sections 376, 418, 493, 506, 504, 354 read with 34; alleged extortion and misuse of SC/ST law; compromise payment Rs.2,00,000 (two lakhs) cheque; Spl.C.C.No.215/2022; LXX Additional City Civil and Sessions Judge and Special Judge Bengaluru; Jnanabharathi Police Station; Karnataka High Court; Justice M.I. Arun; decided 21-11-2025.

What did the court decide?

Quashing of the proceedings in Spl.C.C.No.215/2022 pending before the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, against the petitioners; pending I.As., if any, disposed of. ¶59

K P Dilip Kumar Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the two complaints lodged by respondent No.2 on 22.09.2021 and 04.12.2021 are mutually contradictory and disclose that she misused the criminal law to extort the petitioners. +1 more

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Court's answer

The complaints dated 22.09.2021 and 04.12.2021 are mutually contradictory: the first alleged that petitioner No.1 merely teased respondent No.2 and pressed her to marry him when she was not interested, while the second alleged a long-term sexual affair and assault by him and petitioner Nos.2 and 3; further, the receipt of a cheque for Rs.2,00,000/- (Rupees Two Lakhs only) subsequent to the first complaint is not disputed.

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Ratio / Principle

These facts disclose that respondent No.2, a woman belonging to Scheduled Caste/Scheduled Tribe, misused the law to extort the petitioners; it is a fit case for this Court to exercise its powers under Section 482 of Cr.P.C. to prevent the abuse of the process of law.

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Key takeaways

The criminal petition is allowed, and the proceedings in Spl.C.No.215/2022 pending on the file of the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, against the petitioners stand quashed (operative clause (ii) continues across paras 60-65); pending interlocutory applications, if any, stand disposed of.ratio¶60

Detailed headnote1 paragraphs

Criminal Petition No.13854 of 2023 (under Section 482 Cr.P.C.; cf. S.528 BNSS) - High Court of Karnataka at Bengaluru (M.I. Arun, J.), decided 21-11-2025: Proceedings in Spl.C.C.No.215/2022 before the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru - for offences punishable under Sections 376, 418, 493, 506, 504 and 354 read with Section 34 IPC and Sections 3(1)(r), 3(1)(s), 3(1)(XI) and 3(1)(XII) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - quashed. Respondent No.2, belonging to Scheduled Caste/Scheduled Tribe, first complained on 22.09.2021 that petitioner No.1 was teasing her and forcing her to marry him; that matter ended in a compromise under which she received Rs.2,00,000/- (Rupees Two Lakhs only) from a relative of petitioner No.1. Within two and a half months, on 04.12.2021, she filed a second complaint alleging a long-term sexual relationship, refusal to marry her on the ground of her community, and physical assault and community-name abuse by petitioner Nos.2 and 3, on which basis Spl.C.C.No.215/2022 was registered. Perusal of the two complaints showed they contradicted each other, and the receipt of the Rs.2,00,000/- cheque was not disputed; the Court concluded that respondent No.2 had misused the law to extort the petitioners and that it was a fit case to exercise Section 482 Cr.P.C. powers to prevent abuse of the process of law. Petition allowed; trial proceedings against the petitioners stand quashed; pending I.As. disposed of.

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NC: 2025:KHC:48313 CRL.P No. 13854 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.13854 OF 2023

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(482 (Cr.PC)/528(BNSS))

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BETWEEN:

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K P DILIP KUMAR S/O LATE PUTTASWAMY C/O L SRINIVAS, AGED ABOUT 30 YEARS, R/AT NO.454, 1^ST FLOOR, 1^ST CROSS, NEAR CHAITANYA SCHOOL, KENGERI RING ROAD, SONNENAHALLY BENGALURU-560 056.

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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K P DEEPA W/O DEVARAJU AGED ABOUT 34 YEARS, R/AT NO.246, 3^RD CROSS, VISHWESHWARAIAH LAYOUT KENGERI RING ROAD, SONNENAHALLY BENGALURU-560 056.

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DEVARAJU S/O GOVINDA SHETTY AGED ABOUT 39 YEARS, R/AT NO.246, 3^RD CROSS, VISHWESHWARAIAH LAYOUT KENGERI RING ROAD, SONNENAHALLY BENGALURU-560 056.

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…PETITIONERS

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NC: 2025:KHC:48313 CRL.P No. 13854 of 2023

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HC-KAR

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(BY SRI. SRIVASTHAVA H.K., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY THE INVESTIGATION OFFICER JNANABHARATHI POLICE STATION, JNANABHARATHI, BENGALURU SOUTH, BANGALORE-560 056.

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SMT. NADI D S D/O SHIVAHUCCHAIAH AGED ABOUT 23 YEARS, R/AT UNIVERSITY QUARTERS MALLATHAHALLI BENGALURU-560 056.

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…RESPONDENTS

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(BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R.1; SRI. KIRAN KUMAR B., ADVOCATE FOR SRI. KASHINATH J.D., ADVOCATE FOR R.2.)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE PROCEEDINGS BEARING SPL.C.C.NO.215/2022 REGISTERED BEFORE THE RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376, 493, 506, 504, 418 AND 354 READ WITH SECTION 34 OF IPC ALONG WITH SECTIONS 3(1)(r) AND 3(1)(s) AND 3(1)(XI) AND 3(1)(XII) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT PENDING ON THE FILE OF THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE IN SPL.C.C.NO.0215/2022 AT BANGALORE ON SUCH

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HC-KAR

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TERMS AND CONDITIONS WHICH THIS HON'BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR FURTHER HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

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The criminal petition is filed with the following prayer:

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"WHEREFORE, it is prayed that this Hon'ble Court may be pleased to quash the proceedings of the bearing No. Spl.C.C.No.0215/2022 registered before the respondent for the offences punishable under sections 376, 493, 506, 504, 418, 354 R/w 34 of IPC along with section 3(1)(r) and Section 3(1) (s) and Section 3(1)(XI) and section 3(1)(XII) of the Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act pending in the file of LXX Addl City Civil and Sessions Judge and Special Judge, in Spl.C.C.No. 0215/2022 at Bangalore on such terms and conditions which this Hon'ble court deems fit in the interest of Justice and equity."

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NC: 2025:KHC:48313 CRL.P No. 13854 of 2023

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HC-KAR

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Petitioner No.1 and respondent No.2 were known to each other while they were students. Respondent No.2 belongs to Scheduled Caste/Scheduled Tribe. On 22.09.2021, she lodges a complaint with the Police alleging that petitioner No.1 is teasing her and is forcing her to marry him. Upon receipt of the said complaint, the police have summoned petitioner No.1 as well as respondent No.2 and a compromise is entered into between petitioner No.1 and respondent No.2 wherein it is stated that respondent No.2 is said to have received a sum of Rs.2,00,000/- (Rupees Two Lakhs only) from the relative of petitioner No.1 and the case got closed. Thereafter, on 04.12.2021, respondent No.2 again lodges

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a complaint against petitioner No.1 alleging that she had an affair with petitioner No.1 and petitioner No.1 used her sexually and thereafter on the ground that she belongs to Scheduled Caste/Scheduled Tribe, he is refusing to marry

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her and when she asked for justice, petitioner Nos.2 and 3 being his relatives joined with petitioner No.1 in physically

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HC-KAR

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assaulting her and abusing her taking the name of her

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community. Based on the said complaint,

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Spl.C.No.215/2022 has been registered. Aggrieved by the same, the present petition is filed.

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The case of the petitioners is that respondent No.2 is in the habit of extorting money from petitioner No.1. It is submitted that on 22.09.2021, a complaint is filed against petitioner No.1 alleging he is teasing respondent No.2 and when she is not interested in him, he is forcing to marry her. On the basis of the said complaint, respondent No.2 has received a sum of Rs.2,00,000/-. Another complaint

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is filed within two and half months thereafter stating that petitioner No.1 and respondent No.2 had a long term sexual affair and when she now wants to marry petitioner No.1 on the ground that she belongs to Scheduled Caste/Scheduled Tribe, the petitioners have together assaulted her and thrown out her.

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NC: 2025:KHC:48313 CRL.P No. 13854 of 2023

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HC-KAR

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Learned HCGP for respondent No.1, upon instructions,

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does not dispute the fact of two complaints dated 22.09.2021 and 04.12.2021 as stated above have been filed by respondent No.2 against petitioner No.1. However, he submits that the first complaint resulted in a compromise and a cheque for Rs.2,00,000/- (Rupees Two Lakhs only) was issued in favour of respondent No.2. However, he submits that pursuant to the complaint dated 04.12.2021, Spl.C.No.215/2022 has been registered against the petitioners for the offences punishable under Sections 376, 418, 493, 506, 504 and 354 read with 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(XI) and 3(1)(XII) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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Perusal of the aforementioned two complaints shows that respondent No.2 has contradicted herself. In the first complaint, she has stated that petitioner No.1 teased her and asked her to marry him when she was not interested while in the second complaint which is filed within two and

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HC-KAR

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half months thereafter she alleges that petitioner No.1 has sexually used her and she wanted to marry him and that he and his relatives have assaulted her. Furthermore, the receipt of cheque for Rs.2,00,000/- (Rupees Two Lakhs only) subsequent to the first complaint is not disputed.

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The aforementioned facts clearly discloses that respondent No.2 being women and belonging to Scheduled Caste/Scheduled Tribe has misused the law to extort the petitioners and it is a fit case for this Court to exercise its powers under Section 482 of Cr.P.C. to prevent the abuse of process of law.

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