Sri. H S Devaraju Vs the State of Karnataka

¶1

1 -

¶2

NC: 2025:KHC:20792 CRL.P No. 2492 of 2024

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF JUNE, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2492 OF 2024

¶7

BETWEEN:

¶8

SRI. H.S.DEVARAJU, S/O H.C.SHANKARAPPA, AGED ABOUT 58 YEARS, R/AT UYYALE KAMBA, HIRISAVE VILLAGE, BELLUR HOBLI, CHANNARAYAPATNA TALUK, HASAN DISTRICT – 573 124.

¶9

…PETITIONER

¶10

(BY SRI. SRINIVASA T. GOWDA, ADVOCATE)

¶11

AND:

¶12

Digitally signed by CHANDANA B M

¶13

Location: High Court of Karnataka

¶14

THE STATE OF KARNATAKA, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, STATE BY SHO BELLURU POLICE STATION, MANDYA DISTRICT – 571 401.

¶15

SRI. MANOJ KUMAR A, S/O ANANTHAMURTHY, AGED ABOUT 23 YEARS, R/OF B.M.COMPLEX, NEAR ADARSH SCHOOL, KASARAWADI, MANDYA CITY, MANDYA DISTRICT.

¶16

…RESPONDENTS

¶17

(BY SMT.SOWMYA R., HCGP FOR R-1)

¶18

¶19

2 -

¶20

NC: 2025:KHC:20792 CRL.P No. 2492 of 2024

¶21

HC-KAR

¶22

THIS CRL.P. IS FILED U/S.482 CR.P.C., PRAYING TO CALL FOR THE ENTIRE RECORDS PENDING ON THE FILE OF HON'BLE CIVIL JUDGE AND JMFC AT NAGAMANGALA AT ANNEXURE A IN C.C.NO.646/2023, IN CRIME NO.107/2023; TO QUASH THE ENTIRE PROCEEDINGS WHICH IS REGISTERED BY THE RESPONDENT NO.1 - BELLUR POLICE STATION, ON THE FILE OF THE HON'BLE CIVIL JUDGE AND JMFC AT NAGAMANAGALA IN C.C.NO.646/2023 (CRIME NO.107/2023) FOR THE OFFENCE P/US/.297, 337, 338 OF IPC AGAINST THE PETITIONER, ETC.

¶23

THIS CRL. P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶24

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

¶25

ORAL ORDER

¶26

In this petition, the petitioner seeks the following reliefs:

¶27

" i) Call for the entire records pending on the file of Hon'ble Civil Judge and JMFC at Nagamangala at Annexure A in C.C.No.646/2023, in Crime No.107/2023;

¶28

ii) To quash the entire proceedings which is registered by the respondent No.1 - Bellur Police Station, on the file of the Hon'ble Civil Judge and JMFC at Nagamanagala in C.C.No.646/2023 (Crime

¶29

3 -

¶30

NC: 2025:KHC:20792 CRL.P No. 2492 of 2024

¶31

HC-KAR

¶32

No.107/2023) for the offence p/u/s.297, 337, 338 of IPC against the petitioner;

¶33

iii) Grant such other relief as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity."

¶34

Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and perused the material on record. Respondent No.2 having been served with notice of this petition has chosen to remain un-represented and has not contested the petition.

¶35

A perusal of the material on record will indicate

¶36

that the second respondent lodged a Police complaint on 28.05.2023 which was registered as an FIR in Crime

¶37

No.107/2023, against the petitioner for the alleged offences punishable under Sections 279 and 337 of IPC. In pursuance of the same, the respondent Police conducted an investigation and filed a charge sheet arraigning the petitioner as accused No.1 and the

¶38

4 -

¶39

NC: 2025:KHC:20792 CRL.P No. 2492 of 2024

¶40

HC-KAR

¶41

aforesaid complainant - Manoj Kumar A./respondent No.2 herein as accused No.2, for offences punishable under Sections 279, 337 and 238 of IPC.

¶42

Aggrieved by the proceedings which are now

¶43

pending in C.C.No.646/2023, the petitioner is before this Court by way of the present petition.

¶44

When the matter came up before this Court on 17.09.2024, this Court passed the following interim order:

¶45

"Learned High Court Government Pleader waives notice for respondent No.1.

¶46

Issue emergent notice to respondent No.2.

¶47

Learned counsel for the petitioner to serve a copy of the petition papers upon the learned High Court Government Pleader, forthwith.

¶48

ORDER ON I.A.NO.1/2024

¶49

Accused No.2 one Manoj Kumar while tendering his statement on 06.09.2023, has admitted that he has without reference or erroneously drawn the name of the petitioner, who is now arrayed as accused No.1. The statement reads as follows:

¶50

5 -

¶51

NC: 2025:KHC:20792 CRL.P No. 2492 of 2024

¶52

HC-KAR

¶53

“…. �ಾನು ಆಸ��ೆ�ಯ�� ೕ��ೆ �ೇ��ೆ �ೕಡು�ಾಗ ನನ�ೆ �ೊಂದ�ೆ�ಾಗುತ� ೆಂಬ ಭಯ#ಂದ �ೆದ$�ೊಂಡು ೇವ�ಾಜು ರವ�ೇ ತಮ) ಸೂಟ,ಅನು. ಅ/�ೇಗ�ಾ0 ಮತು� ಅ1ಾಗರೂಕ�ೆ3ಂದ ಓ5��ೊಂಡು ಬಂದು ನನ. 6ೈ�ೆ8 9: ;ಾ5 ಅಪ=ತ ;ಾ5ದ�ೆಂದು ತ>ಾ�0 �ೇ��ೆ �ೕ5 ೆ?ನು . ಆದ�ೆ ಈಅಪ=ತವA ನನ. ಅ/�ೇಗ ಮತು� ಅ1ಾಗರೂಕ�ೆಯ�ಾಹನCಾಲ�ೆ ಮತು� ೇವ�ಾಜು ರವರ�ಲEF�ೆಯ Cಾಲ�ೆ3ಂದನGೆ#ರುವA ಾ0 ೆ . �ಾನು #�ಾಂಕಃ 28-05-2023 $ಂದ 05-06-2023 ರವ�ೆ�ೆ ಎ . � . 0$ ಆಸ��ೆ�ಯ�� ಒಳ�ೋ0�ಾ0 L:�ೆM ಪGೆದು�ೊಂ5ದು? , ನಂತರ 5NಾOPE ಆ0 ಮ�ೆ�ೆ �ೋ0 �ೈದQರ ಸಲ�ೆಯಂ�ೆ ಮ�ೆಯ�� RSಾ�ಂ/ಯ�� ೆ?ನು . ಈ#ನ �ಾನು ��ೕT UಾVೆ�ೆ ಬಂ#ದು? , ಈನನ. �ೇ��ೆಯನು. �ೕ5ರು�ೆ�ೕ�ೆ .”

¶54

Solely on the said statement, there shall be an interim order of stay of all further proceedings in C.C.No.646/2023, pending on the file of the Civil Judge and JMFC, Nagamangala, qua the petitioner – accused No.1, till the next date of hearing."

¶55

As could be seen from the aforesaid interim order

¶56

passed by this Court, it is specifically noted that the second respondent/complainant, who was subsequently arraigned as accused No.2, has given a statement dated 06.09.2023 before the Police authorities specifically exonerating the petitioner of the alleged offences and stating that due to fear he had given aforesaid impugned complaint against the petitioner. In addition thereto, a

¶57

6 - NC: 2025:KHC:20792 CRL.P No. 2492 of 2024

¶58

HC-KAR

¶59

perusal of the material on record, comprising of FIR, complaint, charge sheet material, statement of other witnesses, documents etc., will clearly indicate that the commission of the alleged offences by the petitioner has not been established by the first respondent.

¶60

Under these circumstances, I am of the considered opinion that, continuation of the impugned proceedings qua the petitioner would amount to abuse of process of law, warranting interference in the present petition.

¶61