B H Ramesh Vs State by

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NC: 2025:KHC:6204 CRL.P NO.8039 OF 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.8039 OF 2023

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BETWEEN:

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B.H. RAMESH S/O LATE HANUMAIAH AGED ABOUT 67 YEARS, R/AT NO.44 1^ST 'D' CROSS, REMCO LAYOUT, NEAR MARUTHI MANDIR, 2^ND STAGE, VIJAYANAGARA, BENGALURU - 560 040.

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…PETITIONER

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(BY SRI. S.G. RAJENDRA REDDY, ADVOCATE)

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AND:

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Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka

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STATE BY THYAMAGONDLU POLICE NELAMANGALA TALUK, BENGALURU DISTRICT, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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KRISHNAPPA S/O LATE POOJANARASAIAH AGED ABOUT 46 YEARS R/O KODIGEHALLI VILLAGE, THYAMAGONDLU HOBLI, NELAMAGALA TALUK, BENGALURU RURAL DISTRICT - 562 123.

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; RESPONDENT NO.2 - SERVED)

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NC: 2025:KHC:6204 CRL.P NO.8039 OF 2023

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R. AND COMPLIANT IN CRIME NO.72/2023 OF THYAMAGONDLU POLICE STATION REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 3(1)(r)(s) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE 2014 AND UNDER SECTION 506, 34, 504, 355 AND 323 OF THE INDIAN PENAL CODE PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS COURT, BENGALURU RURAL DISTRICT, BENGALURU.

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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 seeks following relief:

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"Quash the F.I.R. and complaint in Crime No.72/2023 of Thyamagondlu Police Station registered for the offences punishable under Sec. 3(1)(r)(s) of SC and ST (Prevention of Atrocities) Amendment Ordinance, 2014 and under Sec. 506, 34, 504, 355, 323 of Indian Penal Code, pending on the file of the II Addl. District and Sessions Court, Bengaluru Rural District, Bengaluru in the interest of justice."

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Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondent No.1 and perused the material on record.

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Respondent No.2-defacto complainant having been

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served with notice of the petition, has chosen to remain unrepresented and has not contested the petition.

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NC: 2025:KHC:6204 CRL.P NO.8039 OF 2023

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A perusal of the material on record will indicate that the respondent No.2-defacto complainant is the son of one late Poojanarasaiah and Smt. Muniyamma. The said Smt. Muniyamma instituted proceedings before the Assistant Commissioner, Doddaballapura Sub-Division, Doddaballapura for restoration of land bearing Survey Nos.45 and 46 present Survey No.201/2 measuring 2 acres situate at Obalapura Village, Thyamagondlu Hobli, Nelamangala Taluk. In the said proceedings, the petitioner herein, who is a alienee in respect of the said land was arraigned as respondent No.3 and he contested the proceedings. By order dated, 02^nd January, 2023, the Assistant Commissioner, Doddaballapura Sub-Division, Doddaballapura rejected the said petition and same was confirmed by the Deputy Commissioner, Bengaluru Rural District vide order dated 21^st April, 2023. Subsequently, the said Muniyamma appears to have setup her son the respondent No.2-defacto complainant to file the instant complaint on 20^th July, 2023, which was registered as F.I.R. in Crime No.72/2023 by the Thyamagondlu Police Station, Bengaluru District, which is assailed in the present petition.

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NC: 2025:KHC:6204 CRL.P NO.8039 OF 2023

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A perusal of the aforesaid facts and circumstances and the material on record comprising of the complaint will indicate that, except vague, bald and omnibus allegations, neither valid or sufficient allegations nor material particulars/details are made in the complaint so as to attract the offences punishable under Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 and Sections 34, 323, 355, 504 and 506 of the Indian Penal Code. In addition thereto, having been unsuccessful in the proceedings under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, it is clear that the aforesaid Smt. Muniyamma, mother of the respondent No.2 had setup and instigated her son to file the impugned complaint, which clearly amounts to abuse of process of law warranting interference by this Court in the present petition.

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In the result, I pass the following:

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O R D E R

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1. Criminal Petition is allowed;

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1. The impugned F.I.R. in Crime No.72/2023 registered by the Thyamagondlu Police Station

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NC: 2025:KHC:6204 CRL.P NO.8039 OF 2023

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pending on the file of the II Additional District and Sessions Court, Bengaluru Rural District, Bengaluru for the offences punishable under Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 and Sections 506, 34, 355 and 323 of the Indian Penal Code is hereby quashed

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SD/(S.R. KRISHNA KUMAR) JUDGE

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ARK List No.: 1 Sl No.: 9

B H Ramesh v. State by

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B H Ramesh v. State by

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