Karnataka High Court
Shankar Shetty vs State Of Karnataka on 21 March, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2025:KHC:12029
WP No. 7512 of 2025
C/W CRL.P No. 14073 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 7512 OF 2025 (GM-RES)
C/W
CRIMINAL PETITION NO. 14073 OF 2024
IN WP No. 7512/2025
BETWEEN:
1. GANESH SHETTY
S/O. VASANTHA SHETTY
AGED ABOUT 40 YEARS
R/AT. BILLADI MANE, JANUVARKATTE,
BIOLADDI VILLAGE,
BRAMHAVARA TALUK
UDUPI-576 213.
2. VIKYAT KUMAR SHETTY
S/O. SUDHAKAR SHETTY
AGED ABOUT 52 YEARS,
Digitally signed by B
K R/AT. VIMALA SUDHA SOUDHA MANDARTHI
MAHENDRAKUMAR
Location: HIGH HEGGUNJE VILLAGE, BRAMHAVARA
COURT OF
KARNATAKA UDUPI-576 213.
3. BHASKAR HEGDE
LATE BHUJANGA SHETTY
AGED ABOUT 77 YEARS,
R/AT. NO.2-122/1, MDAKKI VILLAGE,
HEBRI TALUK, UDUPI-576 213.
(NOT CLAIMING SENIOR CITIZENSHIP)
4. PRAKASHCHANDRA HEGDE
S/O. LATE KRISHNAYYA HEGDE
AGED ABOUT 67 YEARS,
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NC: 2025:KHC:12029
WP No. 7512 of 2025
C/W CRL.P No. 14073 of 2024
R/AT. NO. 1-593/A1,
SUPRABHATA IN FRONT OF SMS PU COLLAGE,
BRAMHAVARA TALUK,
UDUPI-576213.
5. BALAKRISHNA HEGDE
S/O. MUTTAYYA SHETTY
AGED ABOUT 54 YEARS,
R/AT. 3-83(3) SANNIDHI ADHARSHANAGARA,
HARADI ROAD, VARAMBALLI VILLAGE,
BRAMHAVARA TALUK, UDUPI-576213.
...PETITIONERS
(BY SRI. GIRISH R, ADVOCATE FOR
SRI. BIPIN HEGDE., ADVOCATE)
AND:
1. STATE BY KOTA POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001.
2. SHANKAR SHETTY
S/O. KARIYANNA SHETTY
AGED ABOUT 68 YEARS
R/AT. BILLADI MANE JANUVARAKATTE POST,
BILLADI VILLAGE, BRAMHAVARA TALUK,
UDUPI-576 213.
...RESPONDENTS
(BY SRI. RAHUL RAI, HCGP FOR R1;
MS. SWATI G HEGE, ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 302/2025 FOR
OFFENCES PUNISHABLE UNDER SECTION 189 (2), 191(2),
191(2), 352, 351(2), 115(2) THE BHARATIYA NYAYA SANHITA
(BNS) 2023 PENDING ON THE FILE OF 1ST ADDITIONAL CIVIL
JUDGE (Jr. Dn) AND JMFC, UDUPI, REGISTERED BY THE R-1
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NC: 2025:KHC:12029
WP No. 7512 of 2025
C/W CRL.P No. 14073 of 2024
KOTA POLICE STATION IN SO FAR AS PETITIONER IS
CONCERNED VIDE ANNX-A IN THE INTEREST OF JUSTICE.
IN CRL.P NO. 14073/2024
BETWEEN:
1. SHANKAR SHETTY
AGED ABOUT 68 YEARS
S/O KARIYANNA SHETTY
R/AT. BILLADI VILLAGE
JANUVARAKATEE POST
BRAHMAVARA TALUK
UDUPI-576 223.
2. SANDESH KUMAR SHETTY
AGED ABOUT 36 YEARS
S/O SHANKAR SHETTY
R/AT NO.271/3, MOODUBARALI
HEGGUNJE, MANDARTHI POST
UDUPI-576 223.
3. SUDESH KUMAR
AGED ABOUT 34 YEARS
S/O SHANKAR SHETTY
R/AT. MOODUBARALI
BARALI, HEGGUNJE
MANDARTHI POST
UDUPI-576 223.
4. ABHISHEK SHETTY
AGED ABOUT 35 YEARS
S/O HARSHAVARDHAN
R/AT 2-172A, TALUK
KUNDAPURA TALUK
UDUPI-576 230.
...PETITIONERS
(BY MS. SWATI G HEGE, ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY, ADVOCATE)
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NC: 2025:KHC:12029
WP No. 7512 of 2025
C/W CRL.P No. 14073 of 2024
AND:
1. STATE OF KARNATAKA
BY ITS KOTA POLICE STATION
UDUPI DISTSRICT
REP BY HIGH COURT SPP
BENGALURU-560 001.
2. VIKHYAT SHETTY
AGED ABOUT 52 YEARS
S/O SUDHAKAR SHETTY
R/AT. VIMALA SUDHA SOUDHA
HEGGUNJE VILLAGE
BRAHMAVARA TALUK
UDUPI DISTRICT-576 230.
...RESPONDENTS
(BY SRI. RAHUL RAI, HCGP FOR R1;
SRI. GIRISH R, ADVOCATE FOR
SRI. BIPIN HEGDE, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE FIR IN CR.NO.0218/2024
REGISTERED BY THE KOTA POLICE STATION ON THE
PENDING FILE OF THE COURT OF 1ST ADDL. CIVIL JUDGE
(JR.DN.) AND JMFC COURT, UDUPI DISTRICT, UDUPI
AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 352,
351(2), 115(2), 126(2), 3(5) OF BNS, 2023 PRODUCED
HEREWITH AS DOCUMENT NO.1.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Crl.P No.7512/2025:
1. The petitioners, who have been charge sheeted for offences punishable under Sections 189(2), 191(2), -5- NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 190, 352, 351(2), and 115(2) of the BNS Act, 2023, are before this Court seeking relief.
2. The prosecution alleges that the complainant is the head of Billadi House, Parvati Shedthi Kavarina Manikallu Sri Arbhaka Dharakeshwari Temple. It is further stated that every month, on the day of the Sankranti festival, worship and darshan of the deity are held. On 17.10.2024, at approximately 10:30 a.m., while the complainant, along with his son-in-law, was at the temple to conduct a pooja and darshan, the accused entered the temple office, abused the complainant in vulgar language, threatened him with dire consequences, and assaulted him.
3. In a separate petition Crl.P. No.14073/2024 the petitioners, who have been charge sheeted for offences punishable under Sections 352, 351(2), 115(2), 126(2), and 3(5) of the BNS Act, 2023, are before this Court seeking relief.
4. The respondent No. 2 lodged an FIR stating that Shri Abbakka Dharakeshwari Devasthana is managed by his mother, brother, and one Sri Jayaram Shetty, and that after his retirement, the management of the temple was handed over to the family members of the complainant. It is alleged that on 17.10.2024, while performing a pooja on -6- NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 the occasion of Sankranti, the accused wrongfully restrained the complainant, abused him in vulgar language, and assaulted him.
5. The learned counsel for the parties was heard.
6. The dispute between the parties relates to the management and performance of the pooja at Manikallu Arbhaka Dharakeshwari Temple. The incident in these petitions occurred when both parties were attempting to conduct a pooja at the temple, which resulted in a quarrel during which both sides abused each other in vulgar language. It is noted that the parties have a pending suit in relation to this dispute, and no significant injuries were sustained by either party.
7. The allegations in the FIR, which arise from a dispute over temple management and the conduct of the pooja, appear to have been given a criminal hue with a vengeance-driven intent. In these circumstances, the continuation of the investigation or criminal proceedings against the petitioners would amount to an abuse of the process of law.
8. Accordingly, the petitions are allowed.-7-
NC: 2025:KHC:12029 WP No. 7512 of 2025 C/W CRL.P No. 14073 of 2024 For Crl.P. No. 7512/2025:
The impugned proceedings in CC No. 302/2025, pending on the file of the learned I Additional Civil Judge (Jr. Dn.) and JMFC, Udupi, are hereby quashed.
For Crl.P. No. 14073/2024:
The impugned FIR in Crime No. 0218/2024, registered by the Kota Police Station and pending on the file of the learned I Additional Civil Judge (Jr. Dn.) and JMFC Court, Udupi District, Udupi, is hereby quashed.
9. In view of the disposal of these petitions, all pending interim applications do not survive for further consideration.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 105