SRI S J MADHU @ MAHADEVA vs STATE OF KARNATAKA

Court
Karnataka High Court

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CRL.P No. 8051 of 2022


CNR: KAHC010377592022




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH


CRIMINAL PETITION NO.8051 OF 2022

BETWEEN:

1. SRI. S.J. MADHU @ MAHADEVA,
S/O JAVAREGOWDA,
AGED ABOUT 47 YEARS,
R/AT KADUSONNAPPANAHALLI VILALGE,
BIDARAHALLI HOBLI,
BENGALURU EAST TALUK,
BENGALURU SOUTH,
BENGALURU DISTRICT-562149.
…PETITIONER

(BY SRI. LEELADHAR H.P., ADVOCATE)

AND:

1. STATE OF KARNATAKA,
BY BAGALUR POLICE STATION,
BENGALURU DISTRICT,
REPRESENTED BY SPP,
HIGH COURT BUILDINGS,
BENGALURU-560001.

2. SMT. ARCHANA,
W/O SATISH MAHENDRAKAR,
AGED ABOUT 28 YEARS,
JUNIOR WOMEN HEALTH ASSISTANT,
R/AT QUARTERS OF HEALTH SUB CENTRE,
KADSONNAPPANAHALLI VILLAGE,
BIDARAHALLI HOBLI,









Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA

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CRL.P No. 8051 of 2022


CNR: KAHC010377592022


BENGALURU EAST TALUK,
BENGALURU DISTRICT-562149.
…RESPONDENTS

(BY SRI. MOHAMMED AYUB ALI, ADDL. SPP FOR R1;
SRI. HARISH N.R., ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
ST
C.C.NO.2683/2020 (IN CR.NO.157/2018 OF THE 1
RESPONDENT POLICE) PENDING ON THE FILE OF PRINCIPAL
CIVIL JUDGE AND J.M.F.C., DEVANAHALLI, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 354, 332, 354(B), 353, 341,
504 AND 506(B) OF IPC AND ALLOW THE ABOVE PETITION IN
THE ABOVE CASE.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

Heard the learned counsel for the petitioner, the
learned Additional SPP appearing for respondent
No.1/State and the learned counsel for respondent
No.2/complainant.
2. The prayer sought in the petition is to quash
the charge-sheet filed against the petitioner for the
offences punishable under Sections 354, 332, 354B, 353,
341, 504 and 506B of IPC.

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3. The accusation made in the charge-sheet is that
this petitioner is working as a member of
Kadusonnappanahalli Grama Panchayath and CW1 is
working as a Junior Women Health Assistant, and that
from 28.12.2026 to 27.07.2018 when the complainant
CW1 was visiting the office along with CW2, this petitioner
was troubling both of them and causing obstructions to
discharge the public duty. Particularly on 12.07.2018,
when there was a meeting in connection with Health
Department and when CW1, CW2 and CW3 visited Grama
Panchayath, this petitioner abused CW1 and CW2 in a
filthy language calling them as stupid and idiot and called
CW1 as loafer and assaulted on her shoulder with his
hands and so also had thrown the government documents
on her face and also caused life threat. The police
investigated the matter having received the complaint and
cited the witnesses who have witnessed the incident of
assault as well as abuse and causing of life threat.

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4. The learned counsel for the petitioner would
vehemently contend that no such incident was taken
place. The learned counsel particularly brought to the
notice of this Court the document of Annexure-P, wherein
the President of the Grama Panchayath has stated that no
such incident was taken place, but there was a complaint
against Dr. Ramya and also this complainant and the said
letter was given to the Commissioner, Health Department.
When such being the case, the present complaint is filed
only with an intention to harass the petitioner. The learned
counsel would submit that no such incident was taken
place and the statement of witnesses recorded during the
course of investigation is created and the offences which
have been invoked against the petitioner will not attract.
The learned counsel also brought to the notice of this
Court the ingredients of Sections 332 and 354 of IPC and
contend that it is nothing but a counter-blast as against
the complaint given against the complainant and the
doctor and hence, it requires interference of this Court.

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5. Per contra, the learned counsel for respondent
No.2/complainant would submit that CW1, CW2 and CW3
were present at the time of the incident and statements
are recorded and they are the eye witnesses to the
incident and the doctors CW6, CW7, CW8 and CW9 have
also made the statement. The learned counsel relied upon
the statement of the President of the Grama Panchayath,
wherein he has categorically stated that he had called
CW1 to CW3, at that time, the incident was taken place
and hence, it is a matter of trial and the Court cannot
quash the proceedings with regard to the disputed issue of
assault as well as causing obstruction in discharge of duty
and outraging the modesty of a woman.
6. The learned Additional SPP appearing for
respondent No.1/State also reiterates the same in his
argument that when the statement of witnesses are
recorded, the matter requires trial.

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7. Having heard the learned counsel for the
respective parties, the learned counsel for the petitioner
brought to the notice of this Court Annexure-J dated
10.07.2018, Annexure-K dated 18.07.2018, Annexure-L
dated 18.07.2018, Annexures-M and N complaint given
against the complainant and the Medical Officer and so
also Annexure-P letter dated 30.07.2018 and no doubt,
these are the documents prior to the date of the incident
as contended by the learned counsel for the petitioner. But
when the incident was taken place, specific allegations are
made against the petitioner, that he being a member of a
particular Grama Panchayath, abused and assaulted as
well as had thrown the documents on the face of the
complainant and this incident was witnessed by the
witnesses who have been cited in the charge-sheet. The
disputed fact cannot be decided in a petition under Section
482 of Cr.P.C. whether such incident was taken place or
not and when the eye witnesses are also cited during the
course of investigation and filed the charge-sheet, whether

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the ingredients of Sections 332 and 354 attracts or not, is
a matter of trial. The documents which have been relied
upon by the learned counsel for the petitioner can be
relied upon at the time of cross-examination and these
defence documents cannot be relied upon by this Court
while invoking Section 482 of Cr.P.C. and hence, it is a
matter of trial. Hence, I do not find any grounds to quash
the proceedings initiated against the petitioner.
8. In view of the discussions made above, I pass
the following:
ORDER
The petition is dismissed.


Sd/-
(H.P.SANDESH)
JUDGE


MD
List No.: 1 Sl No.: 44