Dismissed¶58

Yesu Krishna v. the State of Karnataka

Karnataka HC28 Nov 2025CRL.P/14941/2025

Case brief

AI extract

What is this about?

Karnataka HC quashing petition dismissed; Section 528 BNSS jurisdiction — court cannot conduct mini trial; prima facie case on charge-sheet material; FIR Crime No.138/2023, Thirumalashettahalli Police Station, Hosakote; charge sheet No.138/2024; C.C.No.9375/2024 before Addl. Civil Judge (Jr. Dn.) & JMFC Hoskote; IPC Sections 143, 147, 148, 323, 324, 307 (deleted), 354 (deleted), 326 (added), 427, 504, 506, 149; counterblast allegation; prior complaint Crime No.136/2023 by petitioner No.1; civil suit O.S.No.81/2023 decreed, permanent injunction; unlawful assembly/assault alleged on 16.05.2023; I.A.No.1/2025 disposed; CRL.P No. 14941 of 2025; Mohammad Nawaz, J.; 28.11.2025.

What did the court decide?

Exercising jurisdiction under Section 528 of the BNSS, this Court cannot conduct a mini trial. ¶57

Yesu Krishna Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶58

Issue for consideration

Whether the criminal proceedings arising out of Crime No.138/2023 (Thirumalashettahalli Police Station), charge-sheeted as C.C.No.9375/2024 before the Addl. Civil Judge (Jr. Dn.) and JMFC, Hoskote, are liable to be quashed under Section 482 Cr.P.C. / Section 528 BNSS, in view of the petitioners' contention that the complaint is a counterblast to a civil dispute and to petitioner No.1's prior complaint in Crime No.136/2023.

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Court's answer

Exercising jurisdiction under Section 528 of the BNSS, this Court cannot conduct a mini trial.

¶57

Ratio / Principle

Having regard to the material on record, there is a prima facie case against the petitioners; hence no grounds are made out to quash the proceedings.

¶58

Detailed headnote1 paragraphs

Criminal Petition No. 14941 of 2025 (High Court of Karnataka, Bengaluru; Mohammad Nawaz, J.; order dated 28.11.2025) — Dismissed. Quashing petition under S.482 Cr.P.C. (filed under S.528 BNSS) against FIR in Crime No.138/2023 of Thirumalashettahalli Police Station, Hosakote, and the charge sheet (No.138/2024) pending as C.C.No.9375/2024 before the Addl. Civil Judge (Jr. Dn.) and JMFC, Hoskote. The complaint by respondent No.2 alleged that on 16.05.2023 the seven petitioners formed an unlawful assembly armed with clubs and chopper, abused and assaulted the complainant party causing injuries; offences under Ss.143, 147, 148, 323, 324, 307, 354, 427, 504, 506 r/w 149 IPC were invoked; on charge sheet, Ss.307 and 354 were deleted and S.326 incorporated. Petitioners contended the case was a counterblast to their civil dispute and to petitioner No.1's complaint in Crime No.136/2023, his suit O.S.No.81/2023 having been decreed with a permanent injunction. Held: exercising jurisdiction under S.528 BNSS the Court cannot conduct a mini trial; on the material on record there is a prima facie case against the petitioners and no grounds to quash. Petition dismissed; I.A.No.1/2025 disposed of.

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1 - NC: 2025:KHC:49735 CRL.P No. 14941 of 2025

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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 28^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 14941 OF 2025

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BETWEEN:

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YESU KRISHNA S/O BYRAPPA AGE ABOUT 50 YEARS R/AT NEAR GANGAMMA GUDI, V. V. EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114.

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SRI MAHENDRA KUMAR J. Y. S/O YESU KRISHNA AGED ABOUT 25 YEARS R/AT NEAR GANGAMMA GUDI, V. V. EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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SRI NARAYANAWAMY J. M. S/O MUNIYAPPA AGED ABOUT 34 YEARS R/AT NEAR GANGAMMA GUDI, V. V. EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114

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SRI HEMANTHAKUMAR J Y AGED ABOUT 26 YEARS R/AT NEAR GANGAMMA GUDI, V V EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114

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2 - NC: 2025:KHC:49735 CRL.P No. 14941 of 2025

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HC-KAR

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SMT. AKKAYAMMA C/O MUNIYAPPA AGED ABOUT 54 YEARS, R/AT NO 115, JINNAGARA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT BENGALURU- 562114

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SMT. MEENAKASHMI W/O YESU KRISHNA AGED ABOUT 44 YEARS R/AT NEAR GANGAMMA GUDI, V. V. EXTENSION, HOSKOTE, BENGALURU RURAL DISTRICT BENGALURU- 562114.

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SMT. DEEPIKA V. M. C/O NARAYANASWAMY J. M. AGED ABOUT 30 YEARS, R/AT NO.115, JINNAGARA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT

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BENGALURU- 562114

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…PETITIONERS

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(BY SRI. ANANDA V., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH THIRUMALASHETTIHALLI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE- 560001

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SRI NAVEEN KUMAR S/O MUNISHAMI AGED ABOUT 32 YEARS, R/AT NO 115, JINNAGARA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK,

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3 - NC: 2025:KHC:49735 CRL.P No. 14941 of 2025

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HC-KAR

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BENGALURU RURAL DISTRICT BENGALURU- 562114.

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…RESPONDENTS

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(BY SRI. RAHUL RAI K, HCGP)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE REGISTRATION OF FIRST INFORMATION REPORT IN CRIME NO.138/2023 FOR THE ALLEGED OFFENCE P/U/S 143, 147, 148, 323, 324, 307, 427, 504, 506, 149 OF IPC AFTER FILING CHARGE SHEET, THE RESPONDENT POLICE INCLUDED SECTION 326 OF CR.PC PENDING BEFORE THE ADDL.CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, HOSKOTE, BENGALURU RURAL DISTRICT INCLUDING THE CHARGE SHEET NUMBER 138/2024 PENDING UNDER C.C.NO.9375/2024 BEFORE THE ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT AT ANNEXURE-A AND C., AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioners are seeking to quash the proceedings

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arising out of Crime No.138/2023 registered at Thirumalashettahalli Police Station, Hosakote, Bengaluru district.

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FIR is registered on a complaint lodged by the second respondent against petitioners for the offence Punishable under Section 143, 147, 148, 323, 324, 307,

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NC: 2025:KHC:49735 CRL.P No. 14941 of 2025

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HC-KAR

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354, 427, 504, 506 read with Section 149 of IPC. Investigation is completed and charge sheet has been filed in this case.

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While filing charge sheet, Section 307 and 354

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of IPC have been deleted and Section 326 has been incorporated.

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The contention of the learned counsel is that on account of a civil dispute, a false case is got registered against the petitioners after a complaint was lodged by petitioner No.1 in Crime No.136/2023 in the very same police station. It is contended that as a counter blast, the instant complaint was filed to wreak vengeance against the petitioners, though no such incident took place, as alleged.

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It is further contended that the first petitioner filed a suit for permanent injunction in O.S.No.81/2023 before the II Additional Civil Judge and JMFC, Hosakote, against the father of the complainant namely Muniswamy @ Munishamappa and the said suit has been decreed and

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NC: 2025:KHC:49735 CRL.P No. 14941 of 2025

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HC-KAR

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the defendants therein are permanently restrained from interfering with the property in question.

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The contention of the learned counsel is that in

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view of the civil dispute and the complaint lodged by the first petitioner herein, a false complaint is filed against the petitioners, after an inordinate delay.

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In the complaint in Crime No.138/2023, which is now under challenge, it is alleged that on 16.05.2023 at about 10:50 - 11:00 a.m., the petitioners formed an un-lawful assembly, armed with clubs, chopper etc., abused the second respondent and others and took objection for cultivating the land and assaulted with chopper, long etc., and caused injuries to several persons.

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It is pertinent to note that in respect of an incident which took place on the same day, there is a complaint lodged by the first petitioner. Even the said complaint was lodged on 21.08.2023 at the same time. The police having recorded the statements of the

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NC: 2025:KHC:49735 CRL.P No. 14941 of 2025

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HC-KAR

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witnesses including the injured witnesses, filed the charge sheet.

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Exercising jurisdiction under Section 528 of the

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BNSS, this Court cannot conduct a mini trial. Having regard to the material on record, there is prima-facie case against the petitioners. Hence, no grounds are made to quash the proceedings. Petition is dismissed .

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I.A.No.1/2025 is disposed of.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC List No.: 1 Sl No.: 62

Procedural history

How this case reached the court

AI extract

Order under challenge
Registration of FIR in Crime No.138/2023 by the respondent police for offences under Sections 143, 147, 148, 323, 324, 307, 427, 504, 506, 149 of IPC and the subsequent charge sheet (No.138/2024) pending as C.C.No.9375/2024, sought to be quashed under S.482 Cr.P.C. (filed under S.528 BNSS).¶30
ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT, HOSKOTE, BENGALURU RURAL DISTRICT
Prior proceeding
Allegation in the challenged complaint: on 16.05.2023 at about 10:50-11:00 a.m. the petitioners formed an unlawful assembly armed with clubs, chopper etc., abused the second respondent and others, objected to cultivation of the land, assaulted with chopper etc. and caused injuries to several persons.¶51
Prior proceeding
In respect of an incident on the same day the first petitioner also lodged a complaint; per the judgment, the said complaint was lodged on 21.08.2023 at the same time.¶52
Prior proceeding
Petitioners' contention: the instant complaint is a counter blast to a complaint lodged by petitioner No.1 in Crime No.136/2023 in the very same police station, got up to wreak vengeance on account of a civil dispute.¶43
Prior proceeding
First petitioner had filed a suit for permanent injunction in O.S.No.81/2023 before the II Additional Civil Judge and JMFC, Hosakote, against the father of the complainant, Muniswamy @ Munishamappa.¶44
Prior proceeding
The suit O.S.No.81/2023 was decreed; the defendants therein were permanently restrained from interfering with the property in question.¶48
Prior proceeding
FIR (Crime No.138/2023) registered on the complaint of the second respondent against the petitioners; offences initially punishable under Sections 143, 147, 148, 323, 324, 307, 354, 427, 504, 506 read with Section 149 of IPC.¶36
Prior proceeding
Investigation completed and charge sheet filed in the case.¶40
Prior proceeding
On filing of the charge sheet, Sections 307 and 354 IPC were deleted and Section 326 was incorporated.¶42
Prior proceeding
Police recorded statements of witnesses including injured witnesses and filed the charge sheet.¶56

Yesu Krishna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Yesu Krishna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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