Karnataka High Court
Sri Venkataramana Reddy vs State Of Karnataka on 21 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:8173
CRL.P No. 1945 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 1945 OF 2025
BETWEEN:
1. SRI. VENKATARAMANA REDDY,
S/O SRI. ESHWARA REDDY,
AGED ABOUT 43 YEARS,
OCC: CIVIL CONTRACTOR
R/O NO.119, 3RD CROSS,
VADERAHALLI LAYOUT,
VIDYARANYAPURA,
BANGALORE 560 097
2. SMT. SHALINI
W/O LATE SHANKAR REDDY
AGED ABOUT 29 YEARS,
OCC: HOUSEWIFE
Digitally
signed by R/O NO.156, 3RD CROSS,
KAVYA R VADERAHALLI LAYOUT,
Location: High VIDYARANYAPURA,
Court of BANGALORE 560 097
Karnataka
3. SRI. SHESHADRI REDDY,
S/O SRI. SRINIVAS REDY,
AGED ABOUT 19 YEARS,
OCC: STUDENT,
R/O NO.112,
NEAR EDIFY SCHOOL,
THAMMENAHALLI,
BAGALAGUNTE,
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NC: 2025:KHC:8173
CRL.P No. 1945 of 2025
BANGALORE 560 107
...PETITIONERS
(BY SRI. P. CHANDRASHEKAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
THROUGH VIDYARANAYAPURA POLICE,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE 560 001.
2. SIDDAGANGAMMA
D/O SRI.GANGANNA,
AGED ABOUT 49 YEARS,
R/O NO.161/2,
VADERAHALLI LAYOUT,
VIDYARANYAPURA POST,
BANGALORE 560 097
PH: 7625028829
3. VANA GANGADHARAIAH
SON OF SRI. GANGANNA,
AGED ABOUT 47 YEARS,
R/O NO.161/2,
VADERAHALLI LAYOUT,
VIDYARAYAPURA POST,
YELAHANKA TALUK,
BANGALORE 560 097
...RESPONDENTS
(BY SRI. THEJESH, HCGP FOR R1;
SRI. KUMAR N., ADVOCATE FOR R2 AND R3)
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NC: 2025:KHC:8173
CRL.P No. 1945 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNNS) PRAYING TO II) QUASH THE FIR REGISTERED BY THE
1ST RESPONDENT-VIDYARANYAPURA POLICE AGAINST THE
PETITIONERS HEREIN FOR THE OFFENCES P/U/S 329(2), 352,
351(2) 74, 133,126(2), 3(5) OF BNS R/W SECTIONS 3(1)(R),
3(1)(S) AND 3(1)(W) (I) OF SC PREVENTION OF ATROCITY ACT
VIDE ANNEXURE-A TO THE CRIMINAL PETITION, NOW
PENDING ON THE FILE OF THE LXX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE AND SPECIAL JUDGE AT BANGALORE
(CCH-71) IN SPL.C NO. 2575/2024 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:-
"(i) Allow this Criminal Petition.
(ii) Quash the FIR registered by the 1st Respondent-
Vidhyaranyapura Police against the Petitioners herein for the offences punishable under Sections 329(2), 352, 351(2) 74, 113, 126(2), 3(5) of B N S READ WITH SECTIONS 3(1)r), 3(1)(s) and 3(1)(w)(i) of S C and S T Prevention of Atrocity Act vide ANNEXURE- A, to the Criminal Petition, now pending on the file of -4- NC: 2025:KHC:8173 CRL.P No. 1945 of 2025 the LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71) IN Spl..C.No.2575/2024.
(iii) Quash the Complaint dated 10.10.2024 filed by the 2nd Respondent/Complainant for the offences punishable under Sections 329(2), 352, 351(2) 74, 113, 126(2), 3(5) of B N S READ WITH SECTIONS 3(1)r), 3(1)(s) and 3(1)(w)(i) of S C and S T Prevention of Atrocity Act vide ANNEXURE-B, to the Criminal Petition, now pending on the file of the LXX Additional City Civil and Sessions Judge and Special judge at Bangalore (CCH-71) in Spl.C.No.2575/2024.
(iv) Set aside the charge-sheet dated 05.12.2024 in CC No.2575/2024 filed by the 1st Respondent- Vidyaranyapura Police implicating the Petitioners for the offences punishable under Sections 329(2), 352, 351(2) 74, 113, 126(2), 3(5) of B N S READ WITH SECTIONS 3(1)r), 3(1)(s) and 3(1)(w)(i) of S C and S T Prevention of Atrocity Act vide ANNEXURE-C, to the Criminal Petition, now pending on the file of the LXX Additional City Civil and Sessions Judge and Special judge at Bangalore (CCH-71) in Spl.C.No.2575/2024.
(v) Quash the order of cognizance dated 13.12.2024 for the offences punishable under Sections 329(2), 352, 351(2) 74, 113, 126(2), 3(5) of B N S READ WITH SECTIONS 3(1)r), 3(1)(s) and 3(1)(w)(i) of S C and S -5- NC: 2025:KHC:8173 CRL.P No. 1945 of 2025 T Prevention of Atrocity Act passed by the learned LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71) in Spl.C.No.2575/2024 the copy of which is produced as ANNEXURE-D to the Criminal Petition.
(vi) Issue order of any other incidental and consequential reliefs as deemed fit by this Hon'ble Court under the circumstances of the case and in aid of main relief sought for."
2. Learned counsel for the petitioners - accused Nos.1 to 3 and learned counsel for respondent Nos.2 and 3 have filed I.A.No.1/2025 seeking compounding of the offences against the petitioners, which is duly signed by the petitioners, respondent Nos.2 and 3 and their respective counsel and the same is taken on record.
3. Petitioners - accused Nos.1 to 3 and their counsel and counsel for respondent Nos.2 and 3 are physically present before the Court and they admit the contents mentioned in I.A.No.1/2025, which reads as under:-
"APPLICATION UNDER SECTION 359 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 READ WITH SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 -6- NC: 2025:KHC:8173 CRL.P No. 1945 of 2025 The Petitioners and the Respondents No.2 and 3 most humbly submit as follows:
1. It is submitted that on the basis of the written complaint dated 10.10.2024 given by the 2nd Respondent, a case in Crime No.414/2024 is registered by the 1st Respondent, Vidyaranyapura Police for the offences punishable under Sections 329(2), 353, 351(2), 74(1), 133 of the Indian Penal Code read with Section 133, read with 3(5) of the Bharatiya Nagarika Suraksha Sanhita Act, 2023 read with Section 3(1)(r), 3(1)(w) (i) of the SC/ST Act, which culminated in filing of the chargesheet for the offences punishable under Sections 329(2), 353, 351(2), 74, 133, 126(2), 3 (5) of the Bharatiya Nyaya Sanhita Act, 2023 read with Section 3(1)(r), 3(1)(s), 3(2)(va) of the Prevention of Atrocity Act.
2. It is submitted that the 2nd respondent is implicated in Crime 408/2024 by Sri. Venkatesh Reddy on 06.10,2024 the uncle of the second petitioner the offences punishable under Sections 118(1), 115(2) and 352 of Bharathiya Nyaya Sanhita and the second respondent has filed separate criminal petition seeking for quashing of the proceedings and in that petition an application is filed by parties to the petition for compounding as the respondents 2 and 3 have no objection for quashing of the proceedings.
3. The Petitioners and the Respondents No.2 and 3 most humbly submit that at the intervention of friends, relatives members of the Vaderahalli Grama Panchayat and well-
wishers, they have voluntarily entered into compromise as the allegations made in the complaint and the chargesheet material do not establish the fact that the Petitioners have committed offences punishable under Sections 329(2), 352, 351(2) 74, 133, 3(5) of B N S READ WITH SECTIONS 3(1)(r), 3(1)(s) and 3(2)(v)(a)of the S C and S T Prevention of Atrocity Act and the alleged witnesses have not spoken about the incident.
4. The respondents 2 and 3 most humbly submits that in view of the above circumstances they have absolutely no objection for the quashing of entire proceedings in Spl.CC No.2575/2024 for offences punishable under sections 329(2), 352, 351(2) 74, 133, 3(5) of B N S READ WITH SECTIONS 3(1)(r), 3(1)(s) and 3(2)(v)(a)of the S C and S T -7- NC: 2025:KHC:8173 CRL.P No. 1945 of 2025 Prevention of Atrocity Act pending on the file of the LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71)
5. It is submitted that if the Petitioners and the Respondents No.2 and 3 are permitted to compound the offences in C.C. No.2575/2024 now pending on the file of the Learned LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71) no hardship or prejudice will be caused to the First Respondent State. On the other hand, if the Petitioners and the Respondents No.2 and 3 are not permitted to compound the offences, the filing of the Criminal Petition will become infructuous as the efforts made by the members of the Gram panchayat, friends well wishers would go invain.
6. Both the parties most humbly submit that they have gone through the averments made in the application and affidavits and have signed the applications and affidavits after the contents of the affidavit are read to them and have understood the contents of the application and affidavits.
Wherefore, the Petitioners and the Respondents No.2 and 3 most humbly pray that this Hon'ble Court be pleased to permit them to compound the offences 329(2), 352, 351(2) 126(2) 74, 133, 3(5) of B N S READ WITH SECTIONS 3(1)(r), 3(1)(s) and 3(2)(v)(a)of the S C and S T Prevention of Atrocity Act as the respondents 2 and 3 have no objection for quashing of entire proceedings in C.C. No.2575/2024 for offences punishable under sections 329(2), 352, 351(2) 74, 133, 3(5) of B N S READ WITH SECTIONS 3(1)(r), 3(1)(s) and 3(2)(v)(a)of the S C and S T Prevention of Atrocity Act now pending on the file of the Learned LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore (CCH-71) in the interest of justice and equity."
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4. In view of the aforesaid settlement entered into between the petitioners and respondent Nos.2 and 3, I pass the following:
ORDER
(i) The petition is disposed of.
(ii) The proceedings in Spl.C.No.2575/2024 pending on the file of the LXX Additional City Civil and Sessions Judge and Special Judge, Bangalore (CCH-71), insofar as the petitioners are concerned, are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 65 CT:SNN