Criminal Petition No. 4550 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR BEFORE CRIMINAL PETITION NO.4550 OF 2024 C/W CRIMINAL PETITION NO.4559 OF 2024 CRIMINAL PETITION NO.7861 OF 2024 IN CRL.P NO.4550/2024 BETWEEN: SRI.GNANESHAN I AGED ABOUT 49 YEARS S/O LATE INDRAPPA N R R/AT NAGENAHALLI VILLAGE TARIKERE TALUK CHIKKMAGALURU DISTRICT PIN CODE - 577228 (IN THE FIR IT IS MENTIONED AS JNANESH N I) ALSO AT: FLAT NO.11, 1ST FLOOR BENAKA 74/B, 4TH STAGE 4TH BLOCK, WEST OF CHORD ROAD BASAVESHWARA NAGARA A B HALLI, 8TH MAIN ROAD 17TH 'A' CROSS, BENGALURU NORTH BENGALURU - 560 079 Digitally signed by R HEMALATHA Location: High Court of Karnataka (BY SRI.RAVI B NAIK A/W SMT.VIJETHA R NAIK, ADVOCATES) …PETITIONER AND: 1. STATE OF KARNATAKA THROUGH TARIKERE TOWN POLICE TARIKERE SUB-DIVISION CHIKKAMAGALURU DISTRICT - 2 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024
Legal Reasoning
REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001
Legal Reasoning
2. SRI.N.T.SESHAGIRI NAIKA S/O LATE THIMMA NAIKA AGED ABOUT 56 YEARS RESIDING AT NAGENAHALLI VILLAGE TARIKERE TALUK, CHIKMAGALURU DISTRICT PIN CODE - 577 228 (BY SRI.LAKSHMAN B, HCGP FOR R.1; SRI.PAVAN KUMAR G, ADVOCATE FOR R.2) …RESPONDENTS THIS CRL.P IS FILED U/SEC.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.112/2024 REGISTERED BY THE RESPONDENT NO.1 FOR THE OFFENCE P/U/S 143, 144, 148, 504, 506, 324, 354, 295A, 149 OF IPC, AND SEC. 3(2)(va), 3(1)(r), 3(1)(s) OF SC/ST (POA) AMENDMENT ACT PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU AND ETC. IN CRL.P NO. 4559/2024 BETWEEN: 1. SRI.NIRANJAN N I S/O LATE INDRAPPA N R (IN FIR WRONGLY MENTIONED AS CHANDRAPPA) AGED ABOUT 52 YEARS 2. SRI.MALLIKARJUNAPPA N B @ KALLESHAPPA S/O LAE BASAVARAJAPPA S AGED ABOUT 64 YEARS 3. SRI.JAGADEESHAPPA N H S/O HALAPPA AGED ABOUT 65 YEARS - 3 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 4. SRI.PARAMESHA N S S/O SHANTHAPPA K S AGED ABOUT 42 YEARS 5. SRI.MALLESHA N S S/O SHANTHAPPA AGED ABOUT 46 YEARS 6. SRI.PRAKASH N G S/O LATE GANGAPPA N N AGED ABOUT 54 YEARS 7. SRI.THIMMAPPA S S/O LATE SHIVANNA AGED ABOUT 53 YEARS 8. SRI.DHANJAYA R S/O LATE RAMAIAH AGED ABOUT 70 YEARS 9. SRI.MANJAPPA N M S/O MAHESHWARAPPA AGED ABOUT 41 YEARS 10. SRI.MALLIKARJUNA N G S/O GANGAPPA C AGED ABOUT 42 YEARS 11. SRI.MANJUNATHA N K @ MANJA S/O KALLESHAPPA (IN THE FIR WRONGLY MENTIONED AS KALLAPPA) AGED ABOUT 39 YEARS 12. SRI.SRIDHARA N C S/O LATE CHANDRASHEKARAPPA N K (IN TH FIR WRONGLY MENTIONED AS CHANDRAPPA) AGED ABOUT 41 YEARS 13. SRI. KALLESH S/O LATE CHANDRASHEKAR - 4 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 AGED ABOUT 46 YEARS 14. SRI.N.S.MOHAN KUMAR @ MOHANA S/O SHANKARAPPA AGED ABOUT 40 YEARS 15. SRI.BASAVARAJAPPA N C S/O CHANDRAPPA N K AGED ABOUT 45 YEARS 16. SRI.PRAMOD N K S/O KANTHARAJ N I AGED ABOUT 26 YEARS 17. SRI.HIMAVANTH N S (IN FIR WRONGLY MENTIONED AS IMMU) S/O SATHISHA AGED ABOUT 25 YEARS 18. SRI.N M YOGISHA S/O LATE MALLIKARJUNA N B AGED ABOUT 40 YEARS 19. SRI CHANDAN N M S/O MURHTAPPA AGED ABOUT 27 YEARS 20. SRI.KALLESHA N M S/O MAHALINGAPPA (IN FIR FATHER'S NAME IS WRONGLY MENTIONED AS MALLIKAPPA) AGED ABOUT 36 YEARS 21. SRI.YOGISHA N M S/O MALLAPPA AGED ABOUT 36 YEARS 22. SRI.MANJAPPA N T S/O THIMMANNA AGED ABOUT 40 YEARS 23. SRI.GOVINDAPPA - 5 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 S/O SITHARAMAYYA AGED ABOUT 50 YEARS 24. SRI N H GIRISH S/O HALAPPA AGED ABOUT 22 YEARS 25. SRI.SATHISHA S/O BASAVARAJAPPA AGED ABOUT 43 YEARS 26. SRI.NAGARAJU N J @ SWAMY S/O JAYANNA AGED ABOUT 39 YEARS 27. SRI.MURTHANNA N V @ MURTHANNA S/O LATE UJJANAPPA AGED ABOUT 55 YEARS 28. SRI SUNIL N E S/O ESHWARAPPA AGED ABOUT 31 YEARS 29. SRI KOTI THYARAPPA @ THYARAPPA S/O GANGADARAPPA AGED ABOUT 53 YEARS 30. SRI KANTHARAJ N R @ KANTHA S/O RAVIKUMAR AGED ABOUT 33 YEARS 31. SRI RAMESH H N S/O DEVIRAMMA AGED ABOUT 54 YEARS 32. SRI CHANDRAPPA N M S/O MALLAPPA N M AGED ABOUT 47 YEARS 33. SRI PRAVEENA N S S/O LATE SHANTHAPPA AGED ABOUT 38 YEARS - 6 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 34. SRI PRADEEPA N L @ PRADEEP S/O N K LOKESHAPPA AGED ABOUT 39 YEARS 35. SRI K RAVI S/O KUMARAPPA AGED ABOUT 49 YEARS ALL ARE RESIDENT OF NAGENAHALLI VILLAGE TARIKERE TALUK, CHIKKAMAGALURU-577228 ...PETITIONERS (BY SRI.RAVI B NAIK A/W SMT.VIJETHA R NAIK, ADVOCATES) AND: 1. STATE OF KARNATAKA THROUGH TARIKERE TOWN POLICE TARIKERE SUB-DIVISION CHIKKAMAGALURU DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001 2. SRI.N.T.SESHAGIRI NAIKA S/O LATE THIMMA NAIKA AGED ABOUT 56 YEARS RESIDING AT NAGENAHALLI VILLAGE TARIKERE TALUK, CHIKKAMAGALURU DISTRICT PINCODE-577228 (BY SRI.LAKSHMAN B, HCGP FOR R.1; SRI.PAVAN KUMAR G, ADVOCATE FOR R.2) ...RESPONDENTS THIS CRL.P IS FILED U/SEC.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.112/2024 REGISTERED BY THE RESPONDENT-1 TARIKERI POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 144, 148, 504, 506, 324, 295A, 149 AND U/S 3(2)(Va), 3(1)(r), 3(1)(s) OF THE SC ST (POA) AMENDMENT ACT 2015 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU. - 7 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 IN CRL.P NO.7861/2024 BETWEEN: 1. RAMESH NAIKA N T S/O THIMLA NAIKA AGED ABOUT 45 YEARS 2. RAJA NAIKA S/O LATE LACHA NAIKA AGED ABOUT 53 YEARS 3. SHESHAGIRI NAIKA S/O LATE TIMMA NAIKA AGED ABOUT 55 YEARS 4. SURESH NAIKA @ SURESHA N H S/O HANUMANTHA NAIKA AGED ABOUT 36 YEARS 5. CHANDRA NAIKA S/O DHARMA NAIKA AGED ABOUT 39 YEARS 6. RUPLA NAIKA @ N S ROOPLANAYKA S/O SHESHA NAIKA AGED ABOUT 45 YEARS 7. RAJESH NAIKA @ S RAJESHA NAIK S/O SHANKRA NAIKA AGED ABOUT 30 YEARS ALL ARE RESIDENT OF NAGENAHALLI VILLAGE AMRUTHAPURA HOBLI TARIKERE TALUK 577228 (BY SRI. PAVAN KUMAR G, ADVOCATE) ...PETITIONERS - 8 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 AND: 1. STATE OF KARNATAKA BY TARIKERE TOWN PS REP BY SPP HIGH COURT BUILDING BENGALURU - 560 001 2. MOHAN KUMAR S/O MARULAPPA AGED ABOUT 30 YEARS R/O NAGENAHALLI VILLAGE AMRUTHAPURA HOBLI TARIKERE TALUK - 577 228 (BY SRI.LAKSHMAN B, HCGP FOR R.1; SRI.RAVI B NAIK A/W SMT.VIJETHA R NAIK, ADVOCATE FOR R.2) ...RESPONDENTS THIS CRL.P IS FILED U/SEC.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.110/2024 OF TARIKERI TOWN P.S., ON THE FILE OF SENIOR CIVIL JUDGE AND PRL. JMFC, TARIKERE, P/U/S CHICKMAGALUR, 143,144,148,324,307,149 OF IPC AND ETC. OFFENCE FOR THE THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Since these petitions arise out of the case and counter-
Decision
case, they are taken up together and disposed of by a common order. - 9 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 2. The petitioners—accused in Criminal Petition No. 4550/2024 and Criminal Petition No. 4559/2024—challenge the registration of the FIR for offences punishable under Sections 143, 144, 148, 504, 506, 324, 354, 295A, and 149 of the IPC, as well as under Sections 3(2)(va), 3(1)(r), and 3(1)(s) of the SC/ST (POA) Amendment Act, 2015. 3. Respondent No. 2—the Informant—lodged a First Information Report stating that at Survey No. 30 in Nagenahalli Village, Amruthapura Hobli, Tarikere Taluk, measuring 2 acres and 30 guntas, houses and temples are built. It is alleged that the petitioners and accused No. 2, who belong to an upper caste, criminally trespassed into the temple, destroyed the idols and CCTV cameras, abused the Informant with reference to his caste, and also assaulted him. 4. The petitioners—accused in Criminal Petition No. 7861/2024—challenge the registration of the FIR for offences punishable under Sections 143, 144, 148, 324, 307, and 149 of the IPC. 5. Respondent No. 2 lodged a First Information Report stating that on 12.05.2024, at the time of the temple’s inauguration, the petitioners—forming an unlawful assembly and carrying deadly weapons—abused and assaulted respondent No. 2 with the intention of committing murder. 6. I have heard Sri Ravi B. Naik, the learned counsel representing the petitioners in Criminal Petition Nos. 4550/2024 and 4559/2024, and the learned counsel for - 10 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 the petitioners in Criminal Petition No. 7861/2024, as well as the learned High Court Government Pleader for the State. 7. The dispute between the parties relates to the construction of a temple allegedly on government land, and an order has been passed by the competent authority to remove the illegal structure allegedly erected on that land. 8. The First Information Report indicates that, apart from omnibus and general allegations, there is no specific overt act attributed to each of the accused regarding how they assaulted and abused the Informant in vulgar language. 9. The allegations in Crime No. 110/2024 state that accused Nos. 1 and 3 assaulted the Informant on his head with deadly weapons; however, no wound certificate has been produced to establish that the Informant sustained grievous injury as a result of the alleged assault by accused Nos. 1 and 3. The dispute between the parties relates to the alleged unauthorized construction of a temple on government land, which has been given a criminal texture, leading to the lodging of the FIR. Under these circumstances, the continuation of the investigation against the petitioners would be an abuse of the process of law. 10. Accordingly, I pass the following: ORDER i) The Criminal Petitions are allowed; - 11 - NC: 2025:KHC:12458 CRL.P No. 4550 of 2024 C/W CRL.P No. 4559 of 2024 CRL.P No. 7861 of 2024 ii) The First Information Reports in Crime No.112/2024 and Crime No.110/2024 registered by the Tarikere Town Police Station are hereby quashed in so far it relates to the petitioners - accused stands quashed; iii) Pending I.As. do not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NBM List No.: 1 Sl No.: 2