Criminal proceedings may be quashed under Section 482 CrPC if they are manifestly mala fide, lack essential statutory ingredients, or constitute an abuse of process. Allegations under the Atrocities Act require proof of intentional insult in a place of public view, which is not satisfied by private disputes.

IN WRIT PETITION No. 26682 OF 2024

BETWEEN:

SRI MANJESH B.,

S/O LATE BASAVALINGEGOWDA

AGED ABOUT 56 YEARS

R/AT OF NO.3, SHUBHODAYA

7TH MAIN, WEST OF CHORD ROAD

SHIVANAGARA, RAJAJI NAGAR

BENGALURU CITY – 560 010.

... PETITIONER

(BY SRI M.ARUNA SHYAM, SENIOR ADVOCATE A/W.,

SRI SUYOG HERELE E., ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA

THROUGH HALAGURU PS,

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA BUILDING

BENGALURU – 560 001.

2 . SRI SOMANNA BHOVI

CHIKKAPUTTASWAMA BHOVI

AGED ABOUT 57 YEARS

R/AT AGASANAPURA VILLAGE

KASABA HOBLI, MALAVALLI TALUK

MANDYA – 571 475.

... RESPONDENTS

(BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1;

SRI CLIFTON ROZARIO, ADVOCATE FOR

SMT. MAITREYI KRISHNAN, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING THE ORDER OF COGNIZANCE DTD. 22.08.2024 IN SPLC.NO. 215/2024 PENDING ON THE FILE LEARNED V ADJ, MANDYA INCLUDING FIR, COMPLAINT AND CHARGE SHEET IN CONNECTION WITH CRIME NO. 109/2024 REGISTERED BY THE RESPONDENT HALAGUR PS FOR THE ALLEGED OFFENCES UNDER SECTION 324, 323, 504, 34, 506 OF IPC AND SECTION 3(2)(va), 3(1)(s) AND 3(1)(r) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDEMENT ACT 2015 IN SO FAR AS THIS PETITIONER IS CONCERNED (PRODUCED AT ANNX-A, B, C AND D).

IN WRIT PETITION No. 29801 OF 2024

BETWEEN:

SRI MANJESH B.,

S/O LATE A.L.BASAVALINGEGOWDA

AGED ABOUT 56 YEARS

R/AT MALAVALLI TALUK

KASABA HOBLI, AGASANAPURA POST

MANDYA – 571 430.

... PETITIONER

(BY SRI M.ARUNA SHYAM, SENIOR ADVOCATE A/W.,

SRI SUYOG HERELE E., ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA

THROUGH HALAGURU PS,

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA BUILDING

BENGALURU – 560 001.

2 . SRI SOMANNA BHOVI

S/O LATE SUBBA BHOVI

AGED ABOUT 42 YEARS

R/AT AGASANAPURA VILLAGE

MALAVALLI TALUK, MANDYA – 571 475.

... RESPONDENTS

(BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1;

SRI CLIFTON ROZARIO, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING READ WITH SECTION 528 OF BNSS, 2023 TO QUASH THE FIR AND COMPLIANT DATED 17/10/2024 IN CRIME NO. 167/2024 REGISTERED BY THE R-1 HALAGUR POLICE ON THE FILE OF THE PRL CIVIL JUDGE (Jr. Dn) AND JMFC COURT, MALAVALLI, MANDYA DIST. FOR THE ALLEGED OFFENCE UNDER SECTION 54, 118(1), 351(2), 351(2) AND 352 OF BNS, 2023 IN SO FAR AS THIS PETITIONER IS CONCERNED (PRODUCED AT ANNX-A AND B).

THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 07.04.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The parties to the lis are common in both these petitions, but the crime numbers stand different. The petitioner who is common, is accused No.2 in Crime No.109 of 2024 and accused No.1 in Crime No.167 of 2024 concerning Writ Petition Nos.26682 of 2024 and 29801 of 2024 respectively.

2. Heard Sri M. Aruna Shyam, learned senior counsel appearing for the petitioner, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri Clifton Rozario, learned counsel appearing for respondent No.2 in both the petitions.

3. Facts in brief, germane, are as follows: -

W.P.No.26682 of 2024:

3.1. The petitioner is a public servant employed in the Department of Town Planning in the cadre of Joint Director. The mother of the petitioner is said to be holding a quarrying licence for over two decades. On 15-05-2024, the mother of the petitioner was served with an inspection notice from the office of the Mining and Geology, Mandya to be present during the inspection that was scheduled on 25-06-2024. Since the mother of the petitioner was suffering from age related ailments, the petitioner accompanied her to the alleged spot of inspection as well. It is the case of the prosecution that on 25-06-2024, when the petitioner visited the spot, the 2nd respondent and his accomplices questioned the petitioner and accused No.1 regarding digging of trenches in their land. It