Puneeth Prasad Vs State by — Karnataka HC (2025) — LawSathi Research

Puneeth Prasad Vs State by — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings in C.C.No.18/2022 on the file of the Additional Civil Judge and JMFC, Bantwal, Dakshina Kannada, arising out of Crime No.106/2019 of Vitla Police Station, Dakshina Kannada.

Issue for consideration

Whether the entire proceedings in C.C.No.18/2022 (arising out of Crime No.106/2019 of Vitla Police Station) pending before the Additional Civil Judge and JMFC, Bantwal, should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The material on record is insufficient to proceed against the petitioners; the criminal proceedings initiated against them are an abuse of process of the Court and accordingly liable to be quashed.

Ratio / Principle

The complaint averments give no indication that the bus driver was able to identify the persons who threw stones; the descriptions of the accused are not stated in the complaint, nor is it stated that the culprits escaped on a motorcycle.

Key takeaways

There is no material to show that the accused conspired to commit the offence, and the FIR was admittedly registered against two unknown culprits.ratio¶44

Detailed headnote1 paragraphs

Criminal Petition (S.482 Cr.P.C.) — Quashing of proceedings — Accused Nos.1-7 sought quashing of the entire proceedings in C.C.No.18/2022 before the Additional Civil Judge & JMFC, Bantwal, arising out of Vitla P.S. Crime No.106/2019, for offences under Ss.341, 427, 353, 120-B r/w 34 IPC and S.2(a) of the Karnataka Prevention of Destruction and Loss of Property Act. The FIR, lodged by the driver of KSRTC bus KA-17-F-1416 after stones were thrown at its wind shield near Vitla bus stand on 25.06.2019, named 'two unknown culprits'; the complaint carried no description of the accused and did not mention any escape on a motorcycle, while the charge sheet alleged a conspiracy for which there was no material on record. Finding the material insufficient and the prosecution an abuse of process, the Court allowed the petition and quashed the entire proceedings. (Mohammad Nawaz, J.; 02.04.2025)

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NC: 2025:KHC:13994 CRL.P No. 5616 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 5616 OF 2022

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

BETWEEN:

PUNEETH PRASAD, S/O LATE DERANNA POOJARI, AGED ABOUT 30 YEARS, RESIDENCE OF KAMBALABETTU, KARYADI HOUSE, KULA GRAMA, BANTWALA TALUK, D K - 574 222.

GANESHA, S/O CHANDAPPA MOOLYA, AGED ABOUT 28 YEARS, RESIDENT OF DIWANA HOUSE,

Digitally signed by LAKSHMI T Location: High Court of Karnataka

VITLA PADNOOR GRAMA, KODAPADAVU POST, BANTWALA TALUK, D.K. - 574 230.

GURUPRASD, S/O MANKU KORAGA, AGED ABOUT 31 YEARS, RESIDENT OF MANGILA PADAVU, VEERAKAMBA GRAMA, BANTWALA TALUK, D.K. - 574 223.

MANJUNATH NEKKITHAPUNI, S/O BHASKARA PRABHU, AGED ABOUT 30 YEARS, RESIDENT OF NEKKITHA PUNI HOUSE, ALIKE GRAMA AND POST, BANTWALA TALUK, D K -572 340.

2 - NC: 2025:KHC:13994 CRL.P No. 5616 of 2022

CHETAN KUMAR S/O NONAIAH AGED ABOUT 28 YEARS, RESIDENT OF KADAMBU, PILIOLACHIL HOUSE, VITLAPADNOOR GRAMA KODANGAYI POST, BANTWALA TALUK, D K - 5734 22.

VIJET, S/O KRISHNAPPA, AGED ABOUT 30 YEARS, RESIDENT OF KADAMBU, NEAR SCHOOL HOUSE, VITLAPADNOOR GRAMA, KODANGAYI POST, BANTWALA TALUK, D.K. - 570 023.

MR AKSHAY ARYAN RATHORE @ AKSHAY RAJAPUTH, S/O THARA RATHOR, AGED ABOUT 30 YEARS, R/AT 5-108/3C, MULARU HOUSE, HANUMAN NAGAR, BALTHILA VILLAGE, KALLADKA,, BANTWAL - 574 222.

…PETITIONERS

(BY SRI. NIKHIL. K. N., ADVOCATE FOR SRI. SANATHKUMAR SHETTY K, ADVOCATE)

AND:

STATE BY STATION HOUSE OFFICER, VITALA POLICE STATION, BANTWALA, D.K, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HGIH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE - 560 001.

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NC: 2025:KHC:13994 CRL.P No. 5616 of 2022

SATISH, AGED ABOUT 34 YEARS, S/O MANJEGOWDA, DADDADA HALL KOPPAL, ARTHALAGUDI TALUK, HENAVALLI POST, HASSAN DISTRICT - 573 201.

…RESPONDENTS

(BY SMT. RASHMI PATEL, HCGP FOR R1

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.18/2022, ON THE FILE OF THE ADDL.CIVIL JUDGE AND J.M.F.C, BANTWAL, D.K., REGISTERED IN CR.NO.106/2019 BY THE VITLA P.S., D.K., FOR THE OFFENCE /U/S 341,427,353,120b R/W 34 OF IPC AND SEC.2(a) OF KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT AND ALLOW THE ABOVE PETITION.

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

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioners, arraigned as accused No.1 to 7 in the charge

sheet filed by Vitla Police Station Police Station in their police station Crime No.106/2019, have filed this petition under Section 482 of Cr.P.c. to quash the entire proceedings now pending in C.C.No.18/2022 on the file of the Additional Civil Judge and JMFC, Bantwal, Dakshina kannada.

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NC: 2025:KHC:13994 CRL.P No. 5616 of 2022

FIR was registered agasint two culprits for offences punishable under Section 341, 427, 353 read with Section 34 of IPC, on a complaint lodged by one Sathish, driver of KSRTC bus bearing registration No.KA-17-F-1416.

It is alleged that on 25.06.2019 at about 06:30 a.m. when the complainant was driving, near KSRTC bus stand, Vitla, two unknown culprits threw stones at the wind shield of the bus and caused damage to the tune of Rs.20,000/-.

Charge sheet is filed against the petitioners for offences punishable under Section 341, 427, 353, 120-B read with Section 34 of IPC, wherein it is alleged that all the accused have conspired to commit the offence and in furtherance of the same, on 25.06.2019 at about 06:15 p.m., they stopped the KSRTC bus registration KA-17-F-1416, which was proceedings from Badhiyadka towards Puttur and accused Nos.1 and 2 pelted stones at the bus causing damage to the tune of Rs.35,000/- and then escaped on a motorcycle bearing registration No.KA-19-EC-0067.

A perusal of the complaint averments does not give any indication that the driver of the bus was able to identify the

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NC: 2025:KHC:13994 CRL.P No. 5616 of 2022

persons who threw stones at the bus. The descriptions of the accused are also not stated in the complaint. It is also not stated that after pelting stones, the unknown culprits have escaped on a motorcycle as per charge sheet allegations.

According to prosecution, accused no.2 belong to a Hindu organization and against him there are cases registered and inorder to cause trouble in and around of Bantwal and Puttur, the said accused along with other accused persons conspired to commit the offence. However, there are no material to show that the accused have conspired to commit the offence. Admittedly, the FIR was registered against two unknown culprits. This Court finds that the material on record is insufficient to proceed against the petitioners. Criminal proceedings initiated against them is an abuse of process of the Court and accordingly, liable to be quashed. Hence, the following:-

ORDER

i) Petition is allowed .

ii) The entire proceedings pending in C.C.No.18/2022 on the file of the Court of Additional Civil Judge and JMFC,

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NC: 2025:KHC:13994 CRL.P No. 5616 of 2022

Bhantwal, Dakshina Kannada arising out of Crime No.106/2019

of Vitla Police Station, Dakshina Kannada are hereby quashed .

Sd/(MOHAMMAD NAWAZ) JUDGE

LDC List No.: 1 Sl No.: 21 BHK