IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2^ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.201205 OF 2024 C/W CRIMINAL PETITION NO.200813 OF 2023 IN CRL.P.NO.201205/2024:

BETWEEN:

1. SHRI KIRANKUMAR S/O BHIMRAO YERGOL, AGED ABOUT 34 YEARS, OCC: ARTISAN MECHANIC DEPOT NO.4, NEKRTC, KALABURAGI-585103.

2. SHRI MANOJ S/O BASAVARAJ NAIKODI, AGED ABOUT 27 YEARS, OCC: APPRENTICE DEPOT NO.4, NEKRTC, KALABURAGI-585103.

…PETITIONERS (BY SRI HULEPPA HEROOR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, R/O BY STATION BAZAR POLICE STATION, GULBARGA, NOW KALBURGI, REPRESENTED BY, ADDITIONAL SPEICAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH.

2. SHRI DEVRAJ S/O SIDDAPPA CHOUR, AGE:47 YEARS, OCC: CONTROLLER, R/O BEHIND HON'BLE HIGH COURT OF KARNATAKA, KALABURAGI-585103.

…RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;

SRI B. C. JAKA, ADVOCATE FOR R2)

THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIRST INFORMATION REPORT IN CR.NO146/2018 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 363, 504, 506, 149 OF IPC R/W SEC.3 (1) (X) THE SC AND THE ST (PREVENTION OF ATROCITIES ACT 1989) BY THE STATION BAZAR POLICE AS WELL AS CHARGE SHEET NO.147/2018 PENDING ON THE FILE OF THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI IN SPL.CASE SC/ST NO.71/2018 AND ALSO THE ORDER DATED: 30.03.2022 PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI IN SPL. CASE SC/ST NO.71/2018.

IN CRL.P. NO.200813/2023:

BETWEEN:

SHARANAPPA @ SHIVASHARANAPPA S/O RANAPPA DABARABAD, AGE: 49 YEARS, OCC: AGRICULTURE, R/O JAFARABAD, POST SINDAGI, SHAHABAZAR WARD, KALABURAGI. …PETITIONER (BY SRI HULEPPA HEROOR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, R/BY STATION BAZAR POLICE STATION, GULBARGA, NOW KALBURGI, REPRESENTED BY, ADDITIONAL SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH.

2. SHRI DEVRAJ S/O SIDDAPPA CHOUR, AGE: 47 YEARS, OCC: CONTROLLER, R/O BEHIND HON'BLE HIGH COURT OF KARNATAKA, KALABURAGI-585103.

…RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1;

SRI B. C. JAKA, ADVOCATE FOR R2)

THIS CRL.P. IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH /SET ASIDE THE ORDER DATED 30.03.2022 PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, KALABURAGI IN SPL.CASE SC/ST NO. 71 OF 2018.

THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 24.04.2025, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH CAV ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH)

The petitioners are the proposed accused Nos.1 to 3 seeking to quash the order dated 30.03.2025, passed by the II Additional District and Sessions Judge, Kalaburagi in Special Case (SC/ST) No.71/2018, wherein the Trial Court passed an order on an application filed under Section 319 of Cr.P.C.

2. Factual matrix of the case are as under:

It is the case of the prosecution that, on 26.09.2018, when the complainant had been to NEKRTC-I at about 01- 45 p.m. to bring the order, which was passed on 27.09.2018 and to submit an affidavit. It is stated that accused No.1 abused the complainant in a filthy language by taking the caste name and he further stated that he would dismiss him and his Union Secretary Chandrakant. The officials, who were present at that time have pacified the quarrel. However, in the meantime, accused No.1 called his son, who was working in Depot No.4 and his grandson. After they came to the spot, they took the complainant outside the office and also again they took him in their white car and went to their house. There, all the persons have assaulted him. Therefore, he lodged a complaint. The respondent/police have registered a case in Crime No.146/2018 against the petitioners and 23 others. The police after conducting the investigation, opined that the petitioners were not involved in any incident as stated in the complaint. Therefore, they left them while filing the charge-sheet.

3. The