Sri Murali Krishna S., Vs State of Karnataka

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NC: 2025:KHC:21006 CRL.P No. 7853 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7853 OF 2025 (482(Cr.PC)/528(BNSS))

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BETWEEN:

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SRI. MURALI KRISHNA S. AGED ABOUT 43 YEARS S/O LATE SHIVASHANKAR R. RESIDING AT NO.403, 17^TH CROSS 4^TH STAGE, BASAVESHWARANAGAR BENGALURU - 560 079.

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…PETITIONER

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(BY SRI. SRINIVAS A.R., ADVOCATE)

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AND:

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

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STATE OF KARNATAKA BY PEENYA POLICE STATION 2^ND CROSS, NEAR JALAHALLI PEENYA II PHASE, PEENYA PADARAYANAPALYA BENGALURU-560 058 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.

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SMT. SHILPA S. W/O SRI. HARISH KUMAR AGED ABOUT 38 YEARS RESIDING AT NO.1183 18^TH 'B' MAIN, 5^TH BLOCK RAJAJINAGAR, BANGALORE- 560 010.

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…RESPONDENTS

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(BY SMT. SOWMYA R., HCGP FOR R.1; SRI. R. KOTHWAL, ADVOCATE FOR R.2.)

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2 - NC: 2025:KHC:21006 CRL.P No. 7853 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, PRAYING TO QUASH THE PROCEEDINGS REGISTERED ON THE COMPLAINT OF THE RESPONDENT NO.2 IN PCR NO.15136/2024, NOW CRIME NO.276/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4) AND 334(2) OF THE BHARATIYA NYAYA SANHITA AND THE SAME IS PENDING ON THE FILE OF THE XXXI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU CITY AGAINST THE PETITIONER AS PER ANNEXURES- A, B AND C AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner has sought for the following

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relief:

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" WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to quash the proceedings registered on the Complaint of the Respondent No.2 in PCR.No.15136/2024, now Crime No.276/2025, for the offence punishable under Section 318(4) & 334(2) of the Bharatiya Nyaya Sanhita and the same is pending on the file of the XXXI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU CITY against the Petitioner as per Annexure 'A' 'B' & 'C' and grant such other and further reliefs as this Hon'ble Court may deem fit in the interest of justice."

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3 - NC: 2025:KHC:21006 CRL.P No. 7853 of 2025

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HC-KAR

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Learned counsel for the petitioner submits that without

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there being sufficient or valid material to proceed against the petitioner-accused persons especially in the light of a preceding / prior civil disputes between the petitioner and respondent No.2/complainant, the learned Magistrate committed an error in directing the complaint in PCR.No.15136/2024 filed by respondent No.2 to be referred to the jurisdictional police for investigation without application of mind and without providing an opportunity to the petitioner, who is before this Court by way of the present petition.

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Per contra, learned counsel for respondent No.2 would support the impugned order and submits that there is no merit in the petition and the same is liable to be dismissed.

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A perusal of the impugned order will indicate that the same does not disclose valid or cogent reason as to why learned Magistrate was of the opinion that the matter should be referred for investigation. It is also relevant to state that the petitioner was not given opportunity to put forth his case before the learned Magistrate before passing the impugned order. Under these

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4 - NC: 2025:KHC:21006 CRL.P No. 7853 of 2025

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HC-KAR

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circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the trial Court for reconsideration of PCR.No.15136/2024 filed by respondent No.2 afresh in accordance with law after providing sufficient and reasonable opportunity to both petitioner and respondent No.2. In the result, the following:

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ORDER

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(i) Petition is hereby allowed;

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(ii) The impugned order dated 25.03.2025 passed by

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XXXI Additional Chief Judicial Magistrate, Bengaluru City is hereby set aside;

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(iii) The matter is remitted back to the trial Court for reconsideration afresh in accordance with law;

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(iv) The petitioner and respondent No.2 undertake to appear before the learned Magistrate on the next date of hearing of PCR No.15136/2024, which currently stands posted to 25.07.2025;

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