SANTHOSH. V. C. vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:56902
CRL.P No. 5419 of 2026
CNR: KAHC010239322026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 5419 OF 2026
BETWEEN:
1. SANTHOSH V.C.
SON OF CHANNAKESHAVAPPA,
AGED ABOUT 30 YEARS,
RESIDING AT VENKATAPURA VILLAGE,
CHINNASANDRA,
CHICKBALLAPURA–563 128.
2. SUDHAKARA V.C.
SON OF CHANNAKRUSHNAPPA,
AGED ABOUT 31 YEARS,
RESIDING AT VENKATAPURA VILLAGE,
CHINNASANDRA,
CHICKBALLAPURA–563 128.
3. SUBRAMANI
SON OF NARAYANAPPA,
AGED ABOUT 52 YEARS,
RESIDING AT VENKATAPURA VILLAGE,
CHINNASANDRA,
CHICKBALLAPURA–563 124.
Digitally
signed by
LAKSHMI T
Location:
High Court
of Karnataka
4. PAVAN YADAV V.M.
SON OF MANJUNATH,
AGED ABOUT 22 YEARS,
RESIDING AT VENKATAPURA VILLAGE,
CHINNASANDRA,
CHICKBALLAPURA–563 124.
5. SRI. SHABARESHA V.C.
SON OF CHANNAKRUSHNAPPA V.N.,
- 2 -
HC-KAR
NC: 2026:KHC:56902
CRL.P No. 5419 of 2026
CNR: KAHC010239322026
AGED ABOUT 34 YEARS,
RESIDING AT VENKATAPURA VILLAGE,
CHINNASANDRA,
CHICKBALLAPURA–563 128.
6. SRI. RAVICHANDRA V.C.
SON OF CHANNAKESHAVAPPA,
AGED ABOUT 33 YEARS,
RESIDING AT VENKATAPURA VILLAGE,
CHINNASANDRA,
CHICKBALLAPURA–563 128.
7. SRI. CHANNAKRUSHNAPPA V.N.
SON OF NARAYANAPPA,
AGED ABOUT 57 YEARS,
RESIDING AT VENKATAPURA VILLAGE,
CHINNASANDRA,
CHICKBALLAPURA-563 128.
…PETITIONERS
(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CHINTAMANI RURAL POLICE STATION,
CHIKKABALLAPURA,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
2. SRI. DEEPAK KUMAR K.
SON OF NOT KNOWN TO PETITIONER,
AGED ABOUT 31 YEARS,
CPC-183,
CHINTAMANI CITY POLICE STATION,
CHIKKABALLAPURA DISTRICT-563 128.
…RESPONDENTS
(BY SRI. SUDHINDRA B.S., HCGP, FOR R1 & R2)
- 3 -
HC-KAR
NC: 2026:KHC:56902
CRL.P No. 5419 of 2026
CNR: KAHC010239322026
THIS CRL.P. IS FILED U/S 482 CR.P.C (U/S 528 BNSS)
PRAYING TO CALL FOR RECORDS AND QUASH THE ENTIRE
PROCEEDINGS IN CC.NO.3601/2025 FOR THE OFFENCES
PUNISHABLE UNDER SECTION 189(2), 132, 126(2), 324(4)
AND 190 OF BNS, PENDING ON THE FILE OF THE ADDL. CIVIL
JUDGE (JR.DN) AND JMFC COURT, CHINTAMANI,
CHIKKABALLAPURA DISTRICT AGAINST THE PETITIONERS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
The petitioners are seeking to quash the criminal
proceedings pending against them in CC No.3601/2025 on
the file of the Court of the Additional Civil Judge (Jr.Dn.)
and JMFC, Chintamani, Chikkaballapur.
2. FIR was registered against the petitioners on a
complaint lodged by Sri Deepak Kumar K., CPC-183,
Chintamani Town Police Station, for the offences
punishable under Section 189(2), 132, 126(2) and 190 of
BNS 2023.
3. Challenging the registration of the FIR, the
petitioners had approached this Court in
- 4 -
HC-KAR
NC: 2026:KHC:56902
CRL.P No. 5419 of 2026
CNR: KAHC010239322026
Crl.P.No.11559/2025. The said petition was disposed of
vide order dated 15.10.2025, reserving liberty to the
petitioners to challenge the charge sheet, if any filed,
observing that the statutory duty of the police to conduct
investigation and to file an appropriate report cannot be
curtailed. Upon completion of the investigation, the police
have filed charge sheet for the offences punishable under
Sections 189(2), 132, 126(2), 324(4) and 190 of BNS
2023. Hence, this petition.
4. The material on record discloses that there was
an accident which took place on 10.07.2025 at about
08:50 p.m. Near HMS Tea Hotel, Chinnasandra Village,
Kadapa-Bangalore Main Road, Chintamani Taluk,
Chikkaballapura, involving a car bearing Registration
No.KA-03-MS-4389 and a lorry bearing Registration
No.AP-39-VA-7162. The petitioners were the inmates of
the car. The allegations are that after the said accident,
the petitioners quarrelled with the lorry driver, formed an
unlawful assembly and obstructed the movements of the
- 5 -
HC-KAR
NC: 2026:KHC:56902
CRL.P No. 5419 of 2026
CNR: KAHC010239322026
vehicles by sitting and protesting on the road. Further,
when the complainant, police and the public requested
them not to protest, they obstructed the police from
discharging their duty etc.
5. As per the complaint averments, the driver of
the lorry dashed his vehicle from behind against the car in
which the petitioners were travelling. Hence, the
petitioners quarrelled with him and when the complainant
requested them to park vehicles by the side of the road,
one of the accused allegedly threw a stone at the
windshield of the lorry and caused damage to the tune
of Rs.10,000/-. Further, the accused protested on the
road and also obstructed the police from discharging their
duty.
6. While disposing of Crl.P.No.11559/2025, this
Court had observed that omnibus allegations are made
against the petitioners, in the complaint. However,
permitted the police to conduct investigation and to file an
- 6 -
HC-KAR
NC: 2026:KHC:56902
CRL.P No. 5419 of 2026
CNR: KAHC010239322026
appropriate report, reserving liberty to the petitioners to
challenge the charge sheet, if any filed against them.
7. Undisputedly, there is a case registered in
Crime No.255/2025 of Chintamani Rural Police Station,
Chikkaballapura, against the driver of the lorry, on a
complaint lodged by petitioner No.1. The said case was
registered on 12.07.2025 at 01:00 p.m., for the offence
punishable under Section 281 of the BNS, 2023.
Subsequent to registration of the said case, FIR against
the petitioners was registered at about 08:30 p.m. There
is no complaint lodged by the driver of the lorry against
the petitioners for causing damage to his lorry. The
incident allegedly took place on 10.07.2025 at about
09:00 p.m. Though the complainant is a police constable,
after a delay of two days, case was registered against the
petitioners. The petitioners are said to be the members of
the same family who were traveling in the car. Omnibus
allegation are made against them. For the said reasons,
the criminal proceedings initiated against the petitioners,
- 7 -
HC-KAR
NC: 2026:KHC:56902
CRL.P No. 5419 of 2026
CNR: KAHC010239322026
which is after an inordinate delay of two days, is an abuse
of process of law. The petition deserves to be allowed.
Hence, the following:-
ORDER
i) Petition is allowed .
ii) The entire proceeding in C.C.No.3601/2025
pending on the file of the Court of Additional Civil Judge
(Jr. Dn.) & JMFC Court, Chintamani, Chikkaballapura, is
quashed .
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
TL/LDC
List No.: 1 Sl No.: 3