(BY SRI. G A SRIKANTE GOWDA, ADVOCATE) v. MYSURU CITY-570 008

(BY SRI. G A SRIKANTE GOWDA, ADVOCATE) …PETITIONERS AND:

1. THE STATE OF KARNATAKA BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.

2. THE ASSISTANT COMMISSIONER OF POLICE VIDYARANYAPURAM POLICE STATION KRISHNARAJA DIVISION MYSURU CITY-570 014.

3. SHRI CHANDRASHEKAR S/O SHRI PUTTASIDDAIAH AGED ABOUT 46 YEARS OCC:ADVOCATE R/AT NO.1534, 3RD CROSS ASHOKAPURAM MYSURU CITY-570 008. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP. FOR R.1 TO R.2; SRI ABU BACKER SHAFI, ADVOCATE FOR R.3.) - 3 - NC: 2025:KHC:46783 CRL.P No. 7806 of 2020 C/W CRL.P No. 1477 of 2021 HC-KAR THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE CHARGE SHEET FILED AGAINST THE PETITIONERS IN SPECIAL CASE NO.296/2020 (CR.NO.0086/2019) PENDING BEFORE THE COURT OF VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT MYSURU, FOR THE OFFENCES P/U/S 3(1)(r) OF THE SC/ST (POA) AMENDMENT ORDIANCE, 2014, AND SECTION 504, 506, 323, OF THE INDIAN PENAL CODE, ETC. IN CRL.P NO.1477/2021 BETWEEN:

1. CHANDRASHEKAR P S/O PUTTE SIDDIAH AGED ABOUT 47 YEARS, PRESENTLY NO.1534 3RD CROSS, ASHOKAPURAM MYSURU-570 001.

2. SHIVAKUMAR S/O LATE DODDASIDDAIAH AGED ABOUT 42 YEARS, PRESENTLY NO.2054, 6TH CROSS, ASHOKAPURAM, MYSORE-570 001.

3. KRISHNA S/O LATE PUTTE SIDDAIAH AGED ABOUT 49 YEARS, NO.2096, CH-67 4TH CROSS, ASHOKAPURAM, - 4 - NC: 2025:KHC:46783 CRL.P No. 7806 of 2020 C/W CRL.P No. 1477 of 2021 ...PETITIONERS HC-KAR MYSORE - 570 001. (BY SRI. ABU BACKER SHAFI, ADVOCATE) AND:

1. THE STATE OF KARNATAKA BY VIDYARANYAPURAMA POLICE, MYSURU CITY NOW REPRESENTED BY SPP HIGH COURT BUILDING, BENGALURU-560 001.

2. SATHISHA B.N. S/O LATE NARSIMHAIAH AGED ABOUT 41 YEARS, NO.41/1, 6'E', 12TH CROSS, RAMANUJA ROAD, MYSURU CITY, KARNATAKA. (BY SRI. K. NAGESHWARAPPA, HCGP. FOR R.1; SRI G.A. SRIKANTE GOWDA, ADVOCATE FOR R.2.) ...RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR REGISTERED AT THE 1ST RESPONDENT POLICE IN CRIME NO.85/2019 DATED 28.06.2019 AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 447, 427, 341, 325, 506 AND 504 R/W. 34 OF IPC., ETC. - 5 - NC: 2025:KHC:46783 CRL.P No. 7806 of 2020 C/W CRL.P No. 1477 of 2021 HC-KAR THESE PETITIONS, COMING ON FOR HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER

1. There is an allegation of a physical altercation between the petitioners in Crl.P.No.7806/2020 and the petitioners in Crl.P.No.1477/2021 on the afternoon of 27.06.2019, on a private land, which has led to both parties filing a complaint and a counter-complaint. In the process, Special Case No.296/2020 registered against the petitioners Crl.P.No.7806/2020 for the offences under Section 3(1) (r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, and Sections 504, 506, 323 and 114 read with Section 34 of IPC. A police report against petitioners Crl.P.No.1477/2021 wherein he has been accused of offences under Sections 447, 427, 341, 325, 506 and 504 read with Section 34 of IPC.

2. Crl.P.No.7806/2020 is filed with the following prayers:- - 6 - NC: 2025:KHC:46783 CRL.P No. 7806 of 2020 C/W CRL.P No. 1477 of 2021 HC-KAR "(a) To set aside the charge sheet filed against the Petitioners Special Case No.296/2020 (Cr.No.0086/2019) pending before THE CORUT OF VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU, for the offences punishable under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, and Sections 504, 506, 323, of the Indian Penal Code; b) To set aside the F.I.R. dated 28.06.2019 the registered in Cr.No.0086/2019, by Vidyaranyapuram Police, for the offences punishable under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, and Sections 504, 506, 323 of the Indian Penal Code; and, (c) To pass any other Judgment and Order that be deemed fit under the facts and circumstances of the case, in the interest of justice and equity."

3. Crl.P.No.1477/2021 is filed with the following prayers:- "i) Quash the FIR registered at the 1st Respondent Police in Crime No.85/2019 dated 28.06.2019 against the Petitioners for the offences punishable under Sections 447, 427, 341, 325, 506, 504 R/W. 34 IPC. - 7 - NC: 2025:KHC:46783 CRL.P No. 7806 of 2020 C/W CRL.P No. 1477 of 2021 HC-KAR ii) And in Consequence quash the Charge Sheet dated 05.12.2019 filed by the 1st Respondent Police in Crime No.85/2019 dated 28.06.2019 against the offences Petitioners the punishable under Sections 447, 427, 341, 326, 506, 504 R/W. 34 IPC. iii) And in consequences also quash the entire proceedings in C.C.No.3408/2019 on the file of II JMFC at Mysuru, a criminal case registered against the Petitioners for the offences punishable under Sections 447, 427, 341, 325, 506, 504 R/W. 34 IPC, by the 1st Respondent Police in Crime No.85/2019 dated 28.06.2019 iv) Pass such other order or direction that this Hon'ble Court deems fit to grant in the interest of justice."

4. The case of the petitioners in Crl.P.No.7806/2020 is that it was the petitioners in Crl.P.No.1477/2021 who illegally entered upon the property of the petitioners, abused and physically assaulted them, causing grievous injuries and the petitioners in Crl.P.No.7806/2020 were constrained to file a complaint and the case has been appropriately registered against the petitioners in Crl.P.No.1477/2021. It is submitted that the entire altercation took place in a private area and not - 8 - NC: 2025:KHC:46783 CRL.P No. 7806 of 2020 C/W CRL.P No. 1477 of 2021 HC-KAR in public view. It is further submitted that the petitioners in Crl.P.No.7806/2020 have not assaulted the petitioners in Crl.P.No.1477/2021 as alleged and all the allegations made against them are false. It is also submitted that the complaint filed by the petitioners in Crl.P.No.1477/2021 against the petitioners in Crl.P.No.7806/2020 is belated and as an after thought to the complaint registered by the petitioners in Crl.P.No.7806/2020.

5. The learned counsel petitioners Crl.P.No.1477/2021 submits that the allegations made against the petitioners are false. However, the allegations made against petitioners in Crl.P.No.7806/2020 are true and correct.

6. The learned High Court Government Pleader, upon instructions, submits that the investigation has prima facie revealed that there has been a physical fight between the petitioners Crl.P.No.7806/2020 as well Crl.P.No.1477/2021 and the petitioners in Crl.P.No.7806/2020 has sustained grievous injuries and the petitioners Crl.P.No.1477/2021 has sustained simple injuries and as the facts reveal that if the same are proved then the petitioners in - 9 - NC: 2025:KHC:46783 CRL.P No. 7806 of 2020 C/W CRL.P No. 1477 of 2021 HC-KAR both the cases are liable to be punished as charged. Hence, he prays for dismissal of both petitions. However, the learned HCGP upon instructions admits that the incident took place in a private land and not in a public view.

7. The records reveal that the incident has taken place on a private property and not in a public view, and hence, it warrants quashing of the proceedings insofar as it relates to the offence under Section 3(1)(r) of the Act in Crl.P.No.7806/2020.

8. However, insofar as it relates to the allegations made against the petitioners in Crl.P.No.7806/2020 and also in Crl.P.No.1477/2021 are concerned, if the same are proved after trial, the parties will be liable to be punished as stated in the police report. Hence, I am of the opinion that it is not a fit case to interfere in respect of those offences.

9. Hence the following:- ORDER i. The offences against the petitioners Crl.P.No.7806/2020 under Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes - 10 - NC: 2025:KHC:46783 CRL.P No. 7806 of 2020 C/W CRL.P No. 1477 of 2021 HC-KAR (Prevention of Atrocities) Amendment Ordinance, 2014 is quashed. ii. The other offences under Indian Penal Code, 1860 to which they are charged is upheld and Crl.P.No.7806/2020 is accordingly disposed of. iii. Crl.P.No.1477/2021 is hereby dismissed. iv. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 42