Umesh T.H. Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Umesh T.H. Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; petition disposed of as withdrawn with liberty reserved to the petitioner to pursue remedies available in law, including a fresh petition before this Court after respondent No.1-police file their final report.

Issue for consideration

Whether the complaint/FIR in Crime No.65/2025 of Tavarekere Police Station, Tumkur District dated 02.06.2025, registered for offences under S.106(1) of BNS 2023 (corresponding provision S.304A IPC), Ss.3(1)(j) and 3(2)(va) of the SC and ST (POA) Amendments Act 2015 and Ss.8 and 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013, pending before the 3rd Additional District and Sessions Court, Tumkur District, should be quashed.

Court's answer

Upon the learned counsel for the petitioner's submission, the criminal petition is disposed of as withdrawn.

Ratio / Principle

Liberty is reserved to the petitioner to take recourse to such remedies as may be available in law, including filing of a fresh petition before this Court after respondent No.1-police file their final report.

Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 9000 of 2025) filed under S.482 Cr.P.C. (filed u/s 528 BNSS) by Umesh T.H. seeking quashing of the complaint/FIR in Crime No.65/2025 of Tavarekere Police Station, Tumkur District dated 02.06.2025, registered for offences punishable under S.106(1) of BNS 2023 (corresponding provision S.304A IPC), Ss.3(1)(j) and 3(2)(va) of the SC and ST (POA) Amendments Act 2015 and Ss.8 and 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013, pending on the file of the 3rd Additional District and Sessions Court, Tumkur District. After arguing the matter for some time, counsel for the petitioner sought withdrawal with liberty reserved. The Court (S.R. Krishna Kumar, J.) disposed of the petition as withdrawn, reserving liberty to the petitioner to take recourse to such remedies as may be available in law, including filing a fresh petition before the Court after respondent No.1-police file their final report. Decided on 07.07.2025. No precedent was cited or considered; the merits of the quashing prayer were not adjudicated.

NC: 2025:KHC:24485 CRL.P No. 9000 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9000 OF 2025

BETWEEN:

UMESH T.H., S/O T.R. HANUMANTHAIAH, AGED ABOUT 53 YEARS, OCC: FDA IN GOVERNMENT HOSPITAL, CHIKANAYAKANAHALLI, R/O TAVAREKERE VILLAGE, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT - 572 139.

…PETITIONER

(BY SRI. RAVINDRA B.DESHPANDE., ADVOCATE)

AND:

Digitally signed by 1. THE STATE OF KARNATAKA, DHAKSHAYINI R BY TAVAREKERE POLICE STATION, Location: High SIRA RURAL CIRCLE, Court of Karnataka TUMKUR DISTRICT – 572 139.

(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001).

SMT. LAKSHMAMMA, W/O RANGASWAMY, AGED ABOUT 54 YEARS,

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NC: 2025:KHC:24485 CRL.P No. 9000 of 2025

HC-KAR

OCC: COOLIE WORK, R/O TAVAREKERE VILLAGE, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT - 572 139.

…RESPONDENTS

(BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1)

THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINTS FIR IN CR.NO.65/2025 OF TAVAREKERE P.S, TUMKUR DISTRICT DATED 02.06.2025 (REGISTERED FOR THE O/P/US/ 106(1), OF BNS, 2023 (CORRESPONDING PROVISION-SECTION 304A IPC) AND SECTION 3(1)(j), 3(2)(va) OF SC AND ST (POA) AMENDMENTS ACT 2015 AND SECTION 8, 9 OF PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT 2013 NOW PENDING ON THE FILE OF 3RD ADDL. DIST. AND SESSIONS COURT, TUMKUR DISTRICT).

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

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

ORAL ORDER

In this petition, the petitioner is seeking for the following

reliefs:

(i) To quash the complaints in Crime No.65/2025 of Tavarekere Police Station, Tumkur District dated 02.06.2025 (registered for the offences punishable under Sections 106(!) of BNS-2023 (corresponding provision : Section 304-A IPC) and Section3(1)(j), 3(2)(va) of SC and ST (POA) Amendments Act 2015 and Section 8, 9 of Prohibition of Employment as

3 - NC: 2025:KHC:24485 CRL.P No. 9000 of 2025

HC-KAR

Manual Scavengers and their Rehabilitation Act 2013 now pending on the file of 3^rd Additional District and Sessions Court, Tumkur District) in the interest of justice.

After arguing the matter for sometime, learned counsel

for the petitioner submits that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to take recourse to such remedies as available in law including filing of fresh petition before this court after respondent No.1-police filed their final report.

Submission is placed on record.

Accordingly, petition is disposed of as withdrawn

reserving liberty in favour of the petitioner to take recourse to such remedies as may be available in law including filing of fresh petition before this court after respondent No.1-police filed their final report.

Sd/(S.R.KRISHNA KUMAR) JUDGE

SS

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