IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.14092 OF 2024 (482(Cr.PC) / 528(BNSS)

BETWEEN:

1. HEMANTH B.H., S/O.HANUMANTHAIAH, AGED ABOUT 29 YEARS, R/AT NO.62, 1^ST MAIN ROAD, 4^TH CROSS, SANJEEVINI NAGARA, HEGGANAHALLI, VISHWANEEDAM POST, BENGALURU – 560 091.

2. GAVIRANGAPPA S/O. RANGAPPA, AGED ABOUT 46 YEARS, R/AT 1063, 3^RD CROSS, 1^ST MAIN, SANGEEVINI NAGARA, HEGGANAHALLI, BENGALURU – 560 091.

AND ALSO AT NO.146, VAKKALAGERE VILLAGE, KADUR TALUK, CHIKKAMANGALURU DIST. – 577 180.

…PETITIONERS (BY SRI. MANJUNATHA A C., ADVOCATE)

AND:

Digitally signed by LEELAVAT HI 1. THE STATE OF KARNATAKA S R BY RAJAGOPAL NAGAR POLICE STATION, Location: PEENYA SUB-DIVISION, High Court BENGALURU – 560 058.

of Karnataka REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.

2. PUSHPALATHA D/O. SRI MARIYAPPA, AGED ABOUT 28 YEARS, NO.101, 82/2, SRIGANDHA KAVALU, GAJANANA NAGARA, HEGGANAHALLI, BENGALURU – 560 091.

AND ALSO AT NO.68/3, ANDRAHALLI MAIN ROAD, OPP. JYOTHI BAKERY, MARUTHI NAGAR, HEGGANAHALLI, BENGALURU NORTH – 560 091.

…RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;

SRI. SHEKARAPPA, ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO.1756/2023 ON THE FILE OF THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (CCH-71) AT BENGLAURU FOR THE OFFENCE P/U/S 498-A, 507 R/W SEC.34 OF IPC AND SEC.3(1)(r)(s) OF SC/ST (POA) ACT VIDE ANNEXURE-‘A’ AND ETC.

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

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

ORAL ORDER

In this petition, petitioners seek the following reliefs:

“i. Call for records in Spl.C.No.1756/2023 on the file of the LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru;

ii. Quash the entire proceedings in Spl.C.No.1756/2023 on the file of the LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru for the offence punishable under Sections 498(A), 507 read with section 34 of the I.P.C and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act vide Annexure – ‘A’

iii. Allow this petition with costs; and iv. Grant such other relief as this Hon’ble Court deems fit to grant in the circumstances of the case.”

2. Learned counsel for the petitioners – accused Nos.1 and 2 has filed separate Affidavits of 1^st petitioner and 2^nd petitioner duly signed by the respective petitioner and the counsel and learned counsel for 2^nd respondent – complainant has filed the Affidavit of 2^nd respondent duly signed by 2^nd respondent and the counsel and the same are taken on record.

3. Petitioners – accused Nos.1 and 2 and his counsel and respondent No.2 – complainant and her counsel are physically present before the Court and they admit the contents of the Affidavits.

3.1. The Affidavit filed by 1^st petitioner – accused No.1 reads as under:-

“I, Hemanth B.M., S/o Hanumanthaiah, Aged about 29 years, R/at No.62, 1^st Main Road, 4^th Cross, Sanjeevini Nagara, Hegganahalli, Vishwaneedam Post, Bengaluru –

560 091, do hereby state as follows:-

1. I swear that, I am the petitioner No.1 in the above case and I know the facts of the case, I am deposing to.

2. I swear that the 2^nd respondent herein has filed a case in Crime No.150/2023 before the Respondent No.1 Rajagopal Nagar Police Station for the offence punishable under Section 498(A), 507 read with Section 34 of the I.P.C. and Sections 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, now pending on the file of the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru.

3. I swear that, after the investigation the 1^st respondent filed a charge sheet before the learned LXX Addl. City Civil and Sessions Judge and Special Judge (CCH-71) at Bengaluru in Spl.C.C.No.1756/2023