Karnataka High Court
Suman And Anr vs The State Of Karnataka on 29 October, 2025
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CRL.P No. 201512 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO.201512 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. SUMAN S. S/O SURESH
AGE: 27 YEARS, OCC: EMPLOYEE,
(PRIVATE COMPANY)
R/O KAKATHIYA COLONY, RAICHUR
2. SUMAN C. S/O CHANDRASHEKAR,
AGE: 27 YEARS, OCC: EMPLOYEE
(PRIVATE COMPANY)
R/O H.NO.9-1-74/1, MADDIPET, RAICHUR
...PETITIONERS
(BY SRI. VARUN PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
SADAR BAZAR P.S., RAICHUR,
Digitally signed REPRESENTED BY ADDL. S.P.P.
by RENUKA
HIGH COURT AT KALABURAGI-585107.
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA (BY SMT. ANITHA M. REDDY., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF
BNSS (NEW), UNDER SECTION 482 OF CR.P.C.(OLD), PRAYING TO
ALLOW THE PETITION AND QUASH THE PROCEEDINGS IN
C.CNO.87/2020 FOR OFFENCES PUNISHABLE UNDER SECTIONS 143,
147, 355, 332, 353 149 OF IPC IN CRIME NO.29/2019 OF SADAR
BAZAR POLICE STATION, RAICHUR, PENDING ON THE FILE OF PRL.
MUNSIFF (JR., DN.,) AND JMFC RAICHUR.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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CRL.P No. 201512 of 2024
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
Learned High Court Government Pleader is directed
to accept notice for the respondent-State.
2. The petitioners are seeking quashing of the
proceedings in C.C.No.87/2020 for the offences punishable
under Sections 143, 147, 355, 332 and 353 read with
Section 149 of the Indian Penal Code, 1860, pending on
the file of the Principal Civil Judge and JMFC, Raichur.
3. The Investigating Officer registered a case in
Crime No.29/2019 in connection with an incident wherein
a group of about 50 to 60 persons allegedly attempted to
barge into the Deputy Commissioner's office building
during a protest while submitting a memorandum
concerning a case registered by the Sadar Bazar Police
relating to the alleged torture and death of a student.
Though the petitioners' name did not figure in the FIR, the
Investigating Officer, while filing the charge-sheet, has
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nevertheless arraigned the petitioners as accused Nos.21
and 22 without assigning any specific overt act.
4. Learned counsel for the petitioners, reiterating
the grounds urged in the petition, has placed reliance on
the judgment rendered by a Co-ordinate Bench of this
Court in Criminal Petition No.200570/2023 dated
11.09.2024, wherein proceedings against similarly placed
accused persons were quashed on the ground that there
was absolutely no incriminatory material warranting their
prosecution. Relying upon the said decision, it is
contended that the petitioners, being identically placed,
are also entitled to similar relief on the principle of parity.
5. Per contra, the learned High Court Government
Pleader, while opposing the petition, has not been able to
point out any specific material in the charge-sheet that
would prima facie establish the involvement of the
petitioners in the alleged offence. Despite a specific query
from the Court, no incriminating evidence against the
petitioners was demonstrated.
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6. Having heard the learned counsel appearing for
both sides and on perusal of the records, this Court finds
that the Co-ordinate Bench, while dealing with the case of
the co-accused, has already examined the very same
allegations and has recorded categorical findings to the
effect that there is no material to sustain the prosecution.
7. Paragraph No.7 of the said order is relevant and
reads as follows:
"07. On careful reading of the charge-sheet, the
names of these petitioners was came to know by the
complainant and police constable through the police
station. They are not specifically identified on the spot.
Even the police have not conducted any test identification
crime or collected any syria for having connecting with
the accused No.1 or CCTV footage collected from the D.C.
office to show the presence of the petitioners in the mob
and they participated in the mob. Therefore, considering
the fact, merely on the voluntary statement of the
accused No.1, the names of these petitioners were
implicated. Of course there cannot be any specific
allegation in a case like unlawful assembly, where more
than 50 to 60 persons were gathered and a specific over-
tract cannot be attributed against each of the accused.
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However, the names of these petitioners implicated only
on the voluntary statement of the co-accused. There is no
recovery for connecting these petitioners with the crime.
No photograph, CCTV footage or CDR collected by the
Investigating Officer to connect these petitioners with the
crime. Such being the case, conducting criminal
proceedings against these petitioners is nothing but
abuse of process of law."
8. On a careful reading of the above extracted
portion of the judgment rendered by the Co-ordinate
Bench, this Court finds that the facts and allegations in the
present case stand on an identical footing. Though the
Investigating Officer has proceeded to file the charge-
sheet against the petitioners, a scrutiny of the materials
placed on record does not reveal any specific overt act or
role attributable to the petitioners in the alleged incident.
The charge-sheet does not contain even a prima facie
reference establishing the petitioners' active participation,
instigation, or presence at the spot during the occurrence.
Mere inclusion of the petitioners' name in the charge-
sheet, without any supporting material such as witnesses'
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statements, CCTV footage, or documentary proof, cannot
by itself constitute sufficient ground to subject the
petitioners to the rigours of criminal trial.
9. It is significant to note that the Co-ordinate
Bench, while examining the case of the similarly placed co-
accused, had categorically observed that the prosecution
materials were devoid of any incriminatory substance to
justify continuation of proceedings. The reasoning and
findings of the Co-ordinate Bench squarely apply to the
case of the present petitioners as well, inasmuch as the
allegations against both rest on identical factual
circumstances and evidentiary foundation. Consequently,
this Court is of the considered opinion that even on a
prima facie evaluation, the materials relied upon by the
prosecution do not disclose the essential ingredients of the
offences alleged as against the petitioners.
10. In view of the foregoing discussion, this Court is
of the firm opinion that allowing the criminal proceedings
to continue against the petitioners, in the absence of any
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tangible or cogent material, would amount to a sheer
abuse of the process of law and cause unnecessary
harassment. Continuation of such proceedings would serve
no fruitful purpose and would only result in protracted
litigation without any evidentiary basis. Therefore, in order
to secure the ends of justice and prevent the misuse of
judicial process, this Court deems it appropriate to invoke
its inherent jurisdiction under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, to interdict the
proceedings initiated against the petitioners. Accordingly,
the proceedings pending against the petitioners are liable
to be quashed.
11. Accordingly, for the reasons stated above, this
Court proceeds to pass the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The entire proceedings in C.C.No.87/2020,
arising out of Crime No.29/2019, registered for
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the offences punishable under Sections 143,
147, 355, 332, and 353 read with Section 149
of the Indian Penal Code, 1860, and pending on
the file of the Principal Civil Judge and JMFC,
Raichur, are hereby quashed in so far as the
present petitioners are concerned.
(iii) All pending interlocutory applications, if any,
stand disposed of accordingly.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NB
CT:SI
