SRI. DEVARAJU S N vs STATE OF KARNATAKA

Court
Karnataka High Court

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CRL.P No. 8171 of 2020


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026


BEFORE

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

CRIMINAL PETITION NO. 8171 OF 2020 (482(Cr.PC) /

528(BNSS))


BETWEEN:

1. SRI. DEVARAJU S N
S/O NANJAPPA
AGED ABOUT 39 YEARS,
R/AT SOPANAHALI,
NAGAVILLI POST,
HEBBUR HOBLI,
TUMKUR DISTRICT-572 120.

2. SMT.JAYAMMA
W/O HANUMANTHRAYAPPA
AGED ABOUT 58 YEARS,
R/AT NO.113,
A.D.COLONY DODDABELE
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT-562 132.

3. SMT.NIRMALA
W/O DEVARAJU S.N.
AGED ABOUT 33 YEARS,
R/AT SOPANAHALLI,
NAGAVILLI POST, HEBBUR HOBLI,
TUMKUR DISTRICT-572 120.

4. SRI.JAGADISH @ JAGADISH KUMAR,
S/O HANUMANTHARAYAPPA
AGED ABOUT 32 YEARS,
R/AT NO.113,
A.D.COLONY DODDABELE










Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA

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CRL.P No. 8171 of 2020


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NELAMANGALA TALUK,
BENGLAURU RURAL DISTRICT-562 132.

5. SRI.HARISH
S/O KARIYAPPA
AGED ABOUT 22 YEARS,
R/AT NO.130,
THADASHEEGHATTA VILLAGE,
NELAMANGALA TALUK,
BENGLAURU RURAL DISTRICT-562 134.

…PETITIONERS
(BY SRI. RUDRAPPA P.,ADVOCATE)

AND:


1. STATE OF KARNATAKA
BY THYAMAGONDLU POLICE STATION,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT-562 132.

REP. BY ITS SPP
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.

2. SRI.KUMAR
S/O GANGANJINAPPA
AGED ABOUT 30 YEARS,
R/AT DODDABELE VILLAGE,
THYAMAGONDLU HOBLI,
NELAMANGALA TALUK,
BENGLAURU RURAL DISTRICT.-562 132.

…RESPONDENTS
(BY SRI. M. DIVAKAR MADDUR, HCGP FOR R1;
SRI. D.S. MALIPATIL, ADVOCATE FOR R2)

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CRL.P No. 8171 of 2020


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THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C
PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN
C.C.NO.2797/2020 PENDING ON THE FILE OF THE I
ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA FOR THE
ALLEGED OFFENCES P/U/S 143, 147, 148, 323, 324, 504, 506
R/W 149 OF IPC.

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

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

ORAL ORDER

1. Heard learned counsel for petitioners and also learned
HCGP for the respondent -State.

2. This petition is filed praying this Court to quash the
proceedings in C.C.No.2797/2020 for the offences
punishable under Sections 143, 147, 148, 323, 324,
504, 506 read with Section 149 of IPC.

3. The allegation that the incident took place on
19.04.2020 and based on the complaint at Annexure-B
Police have registered a case and investigated the
matter and filed the charge sheet as per Annexure-C.

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4. Learned counsel appearing for the petitioners
vehemently contend that investigation is conducted by
CHC 599 of Thyamagondlu Police Station and the same
is not conducted by the competent person and Head
Constable cannot investigate the matter and Head
Constable is also cited as Investigating Officer-CW10.

5. Learned HCGP for the respondent-State submits that
though CHC-599 has been cited as CW10, column
No.17 of the charge sheet discloses that it was signed
by PSI, Thyamagondlu Police Station and notice was
also given under Section 41(a) of Cr.P.C. and that is
also signed by the Sub Inspector of Police and also
there is a wound certificate with regard to the incident
is concerned produced by the petitioners themselves
and that injuries 1 to 3 are simple in nature. Hence this
Court cannot invoke Section 482 of Cr.P.C.

6. Complainant is represented through counsel but counsel
is absent.

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7. Having heard the learned counsel appearing for the
petitioners and also learned HCGP, the Court has to
take note of the charge sheet and on perusal of the
charge sheet at Annexure-C, it is very clear that
witnesses CW1 to 9 are cited as CW1 as injured
complainant, as well as eye witnesses CW2 and CW3,
so also CWs 4, 5 and 6 who pacified the incident, CW7
and 8 are the mahazar witnesses and CW9 is the doctor
who treated the injured. But in column No.14, CW10 is
shown as Investigating Officer-Venkatesh- CHC 599 and
hence it is very clear that investigation is conducted by
CHC 599 not PSI, as contended by the learned HCGP.
Though PSI had signed column No.17 it discloses the
Investigating Officer specifically mentioned as CHC 599.
When such being the case, the CHC cannot conduct the
investigation. This Court already in Criminal Petition
No.512/2020 vide judgment dated 11.09.2026 comes
to the conclusion that when the offences are invoked
against the petitioners and also when the investigation
is conducted by CHC 599 he is not a Station House

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Officer and not a competent person to investigate the
matter and when the investigation is carried out not by
a competent officer the question of prosecuting the
petitioners does not arise. In the case on hand also it
has to be noted that investigation is conducted by CHC
and not by the competent officer and he cannot be
termed as a Station House Officer and that he is not
competent to investigate the matter and investigation
has to be conducted by a competent officer and not by
CHC and when such being the case, it is a fit case to
exercise the power under Section 482 of Cr.P.C or
otherwise it amounts to miscarriage of justice and it is
nothing but an abuse of process.

8. In view of the discussions made above, I pass the
following:
ORDER
allowed
(i) Petition is .
(ii) The entire proceedings in C.C.No.2797/2020 (Crime
No.27/2020) against the petitioners herein before

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the I Additional Civil Judge and JMFC, Nelamangala,
is quashed.

Sd/-
(H.P.SANDESH)
JUDGE




SBN
List No.: 1 Sl No.: 14