Vijay Agarwal @ Vijay Swamy Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

Vijay Agarwal @ Vijay Swamy Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the petitioners; petition dismissed subject to the Court's observations, pending I.As. disposed of, and liberty reserved to the petitioners to challenge any future charge-sheet in the manner known to law.

Issue for consideration

Whether the FIR in Crime No.123/2022 registered by Kagalipura Police against the petitioners (accused Nos.1 to 7) for offences punishable under Sections 324, 354, 504, 506, 149 IPC read with Sections 3(1)(r) and (s), (2)(va) of the SC/ST (Prevention of Atrocities) Act should be quashed in exercise of powers under Section 482 Cr.P.C. +2 more

Court's answer

It is not a fit case for the Court to interfere in exercise of its powers under Section 482 Cr.P.C., so the FIR is not quashed.

Ratio / Principle

Allegations made against the petitioners regarding causing injuries to respondent No.2 and a few others are a question to be decided after investigation and trial.

Key takeaways

If abuse of a person belonging to Scheduled Caste or Scheduled Tribe takes place in a private place, it cannot be considered as having taken place in public view; however, whether the alleged incident took place in public view (the learned HCGP being unable to state whether it occurred in a public place or on private land) is a matter of trial.obiter¶55
Liberty reserved to the petitioners: if a charge-sheet is filed by respondent No.1-Police, the petitioners may challenge the same in the manner known to law; pending I.As., if any, stand disposed of.ratio¶57

Detailed headnote1 paragraphs

Criminal Petition No. 5517 of 2023 under Section 482 Cr.P.C., High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice M.I.Arun), decided 20 November 2025, seeking quashing of the FIR in Crime No.123/2022 of Kagalipura Police Station, registered on the complaint of respondent No.2 against the petitioners (accused Nos.1 to 7) for offences punishable under Sections 324, 354, 504, 506, 149 IPC read with Sections 3(1)(r) and (s), (2)(va) of the SC/ST (Prevention of Atrocities) Act. The learned HCGP conceded that the alleged offence took place on private land but relied on a Government hospital wound certificate showing injuries to respondent No.2 and a few others. The Court held that the allegations regarding causing injuries are questions to be decided after investigation and trial and that it was not a fit case for interference under Section 482 Cr.P.C. On the SC/ST Act offences, noting the petitioners' denial of any knowledge of respondent No.2's community, their categorical denial of abusing him by caste name, and their contention that the incident did not occur in public view, and the HCGP's inability to state whether the incident occurred in a public place or on private land, the Court observed that abuse of a person belonging to a Scheduled Caste or Scheduled Tribe in a private place cannot be considered as having taken place in public view, but that too is a matter of trial. The petition was dismissed, pending I.As. stood disposed of, and the petitioners were granted liberty to challenge the charge-sheet, if filed, in the manner known to law.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 5517 OF 2023

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

BETWEEN:

VIJAY AGARWAL @ VIJAY SWAMY S/O OM PRAKASH AGED ABOUT 42 YEARS R/AT NO.54, VVMVP CAMPUS RAVI SHANKAR ASHRAM

KANAKAPURA ROAD UDAYAPURA, BENGALURU SOUTH

BENGALURU-560 082.

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

KISHORE KUMAR PRASAD @ KISHORE S/O KASIRAM RAJENDRA PRASAD AGED ABOUT 45 YEARS R/AT NO.638, 2^ND CROSS BEML LAYOUT, 3^RD STAGE RAJARAJESHWARINAGAR BENGALURU-560 098.

VINAY B.HEGDE S/O BHASKAR G.HEGDE AGED ABOUT 37 YEARS R/AT 21^ST KM, UDAYAPURA ART OF LIVING INTERNATIONAL CENTER KANAKAPURA ROAD, BENGALURU SOUTH BENGALURU-560 082.

MANAK SHARMA M.V. S/O LATE M.S.VENKATA KRISHNA AGED ABOUT 44 YEARS R/AT SRI SRI GURUKUL

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VVMVP CAMPUS, 21^ST KM UDAYAPURA, KANAKAPURA ROAD BENGALURU SOUTH BENGALURU-560 082.

…PETITIONERS

(BY SRI. ROHITH B.J., ADVOCATE)

AND:

STATE OF KARNATAKA REPRESENTED BY SHO KAGALIPURA POLICE STATION RAMANAGAR DISTRICT THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001.

SRI. MAHESH N.S. S/O SHIVANNA AGED ABOUT 39 YEARS R/AT UDIPALYA VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE CITY-560 061.

…RESPONDENTS

(BY SRI. K.NAGESHWARAPPA, HCGP FOR R1; SRI. H.E.GUNDEGOWDA, ADVOCATE FOR R2)

THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR FILED BY KAGGALIPURA POLICE AGAINST THE PETITIONERS WHO IS NAMED AS ACCUSED NOs.1 TO 7 IN CRIME NO.123/2022 REGISTERED BY KAGGALIPURA POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 354, 504, 506, 149 OF IPC R/W 3(1)(r) and (s), (2)(va) OF SC/ST (PREVENTION OF ATROCITIES)

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AMENDMENT ACT, 2015, COPY OF WHICH IS PRODUCED AS ANNEXURE-A.

THIS PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

On the complaint filed by respondent no.2, Crime

No.123/2022 came to be registered against the petitioners. The allegations made against the petitioners are as follows:

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The case of the petitioners is that they are innocent and a false case has been registered against them.

The case of respondent no.2 is that whatever allegations that are made in the complaint are true and prays for dismissal of the petition.

Learned High Court Government Pleader, upon instructions submits that the alleged offence is said to have taken place on the private land. However, he submits that there is a wound certificate issued by a Government Hospital

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showing that respondent no.2 along with few others have suffered injuries.

The aforementioned allegations made against the petitioners herein regarding causing injuries to respondent no.2 and few others is a question to be decided after investigation and trial. It is not a fit case for this Court to interfere in exercise of its powers under Section 482 of Cr.P.C.

Insofar as it relates to the offences alleged against the petitioners under Sections 3(1)(r) and (s), (2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the submission of the counsel for the petitioners is that, the petitioners do not know anything about respondent no.2 and what community he belongs to and they categorically deny abusing respondent no.2 by taking his caste name. It is also their contention that the alleged incident has not taken place in public view.

However, learned High Court Government Pleader, is not in a position to state whether the alleged incident took place in a public place or on a private land. If the offence of

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abusing a person belonging to Scheduled Caste or Scheduled

Tribe takes place in a private place it cannot be considered as having taken place in public view. However, that is also a matter of trial.

Subject to the aforementioned observations, the petition stands dismissed .

It is needless to state if a charge-sheet is filed by the respondent no.1-Police, the petitioners are always having the liberty to challenge the same in the manner known to law.

Pending I.As., if any, stand disposed of.

SD/(M.I.ARUN) JUDGE

PGG

List No.: 1 Sl No.: 16