MR.B.BALARAJU vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:59573
CRL.P No. 4954 of 2024


CNR: KAHC010262222024




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 27 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

CRIMINAL PETITION NO. 4954 OF 2024


BETWEEN:

1. MR.B.BALARAJU
S/O LATE BALASWAMY
AGED ABOUT 57 YEARS
R/AT NO.6, 1ST CROSS,
CHINNAPPA LAYOUT,
KAMMANAHALLI MAIN ROAD,
ST. THOMAS TOWN POST,
BENGALRUU 560 084.

2. BALAPPA SELVARAJU
C/O THOMAS BALAPPA
AGED ABOUT 59 YEARS,
R/AT NO.6, 1ST CROSS,
CHINNAPPA LAYOUT,
MORIJA RESTAURANT BACK SIDE
KAMMANAHALLI MAIN ROAD,
ST. THOMAS TOWN POST,
BENGALURU-560 084.

3. MR. ADRIAN FELIX B
S/O MR. BALARAJU
AGED ABOUT 32 YEARS
R/AT NO.6, 1ST CROSS,
CHINNAPPA LAYOUT,
KAMMANAHALALLI MAIN ROAD











Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

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CRL.P No. 4954 of 2024


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ST. THOMAS TOWN POST,
BENGALURU 560 084.

4. SHRI. PUNEETH R
S/O RAVIKUKMAR
AGED ABOUT 27 YEARS
R/O: NO.05, 1ST CROSS,
H COLONY, INDIRANAGAR
1ST STAGE,
BENGALURU NORTH 560 038.
…PETITIONERS
(BY SRI. VIKAS N SHEELAVANTAR, ADVOCATE)
AND:

1. THE STATE OF KARNATAKA
K.R.PURAM POLICE STATION
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001.

2. SMT. LASKHMI
W/O CHINNA,
AGED ABOUT 38 YEARS,
R/AT NO.52, BALARAJU HOUSE,
PAVITHRA LAYOUT,
T.C.PALYA, K.R.PURAM
BENGALURU 560 036.
…RESPONDENTS
(BY SRI.MAHESHA P., HCGP FOR R-1;
SRI.KRISHNA NAIK, ADVOCATE FOR R-2)

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NC: 2026:KHC:59573
CRL.P No. 4954 of 2024


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THIS CRL.P IS FILED U/S.482 OF CR.PC. PRAYING TO
QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1
K.R.PURAM POLICE STATION ARRAYING THEM ACCUSED NO.1,
4, 10 AND 7 RESPECTIVELY FOR THE OFFENCE P/U/S 323, 354,
448, 506 R/W 34 OF IPC IN C.C.NO.61209/2024 ON THE FILED
OF XXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT,
AT BENGALURU (MAYO HALL) AND CONSEQUENTLY QUASH
THE ENTIRE PROCEEDINGS IN C.C.NO.61209/2024 ON THE
FILE OF XXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, AT BENGALURU (MAYO HALL).
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This petition is filed under Section 482 of Cr.P.C. to quash
the proceedings in C.C.No.61209/2024, arising out of Crime
No.513/2023 dated 05.08.2023, filed by the K.R.Puram Police
Station, Bengaluru City, against the petitioners and others for
the offences punishable under Sections 448, 323, 354, 506 r/w
34 of IPC pending on the file of XXIX Addl. C.J.M.C Bengaluru.

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CRL.P No. 4954 of 2024


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2. The brief facts of the case are that respondent No.2
lodged a complaint before respondent No.1-Police on
05.08.2023, alleging that she was residing with her family at
No.52, Pavithra Layout, T.C. Palya, K.R. Puram, Bengaluru, and
that she had been acquainted with the petitioners for about two

years prior to lodging the complaint.

3. Things stood thus, on 23.06.2022, some unknown
persons allegedly trespassed into the house of respondent
No.2, forcibly demanded to vacate the house and threatened
her with dire consequences. In this regard, she lodged a
complaint before the Police. However, subsequently, she
withdrew the said complaint. Thereafter, on 04.08.2023, at
about 2:00 p.m., some unknown persons, along with the
petitioners, allegedly attempted to trespass into her house and
threatened her with dire consequences for having withdrawn
the earlier complaint. Hence, she lodged the complaint before
respondent No.1-Police. On the basis of the said complaint,
F.I.R. came to be registered in Crime No.513/2023 against the
petitioners and other persons. After investigation, the Police
laid the charge sheet only against the petitioner Nos.1 and 3 i.e

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accused Nos.1 and 10, and names of petitioner Nos.2 and 4 i.e
accused Nos.4 and 7 and other persons left out of charge-
sheet. The learned Magistrate took cognizance of the offences
against the petitioner Nos.1 and 3 i.e accused Nos.1 and 10.
Being aggrieved by the same, the petitioners have preferred

the present petition.

4. During the course of arguments, learned counsel
appearing for respondent No.2 voluntarily submitted that
respondent No.2 had inadvertently lodged a complaint against
the petitioners and had subsequently given her statement
before respondent No.1-Police. Based on the said complaint
and statement, respondent No.1-Police proceeded to file the
charge sheet against the petitioners. He further submitted that,
in fact, no such incident had taken place as alleged in the
complaint and, therefore, prayed that the criminal proceedings
initiated against the petitioners may be quashed.

5. Further, the names of petitioner Nos.2 and 4 i.e accused
Nos.4 and 7, have been left out of charge sheet while filing the
charge sheet. As such, quashing of proceedings in

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CRL.P No. 4954 of 2024


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C.C.No.61209/2024 in respect of them doesn't arise.
Accordingly, the petition in respect of petitioner Nos.2 and 4 /
accused Nos.4 and 7 is dismissed as having become
infructuous .

6. By placing reliance on the submission of the learned
counsel for respondent No.2, I proceed to pass the following:
ORDER

i. The criminal petition is allowed in part in
respect of petitioner Nos.1 and 3 / accused
Nos.1 and 10

ii. The proceedings against petitioner Nos.1 and
3/accused Nos.1 and 10 in C.C.No.61209/2024,
arising out of Crime No.513/2023 dated
05.08.2023, filed by the K.R.Puram Police
Station, Bengaluru City, for the offences
punishable under Sections 448, 323, 354, 506
r/w 34 of IPC pending on the file of XXIX Addl.
C.J.M.C Bengaluru, are hereby quashed.

iii. The criminal petition is dismissed as
infructuous in respect of petitioner Nos.2 and
4 / accused Nos.4 and 7.

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CRL.P No. 4954 of 2024


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iv. However, it is made clear that the proceedings
against remaining accused in
C.C.No.61209/2024, shall continue.


SD/-
(RAJESH RAI K)
JUDGE











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