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Karnataka High Court
Sri Umesh Kumara vs The State Of Karnataka on 12 February, 2026
-1-
NC: 2026:KHC:8543
CRL.P No. 7213 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
CRIMINAL PETITION NO. 7213 OF 2018
BETWEEN:
SRI UMESH KUMARA,
S/O M.N. SORATURU
AGED ABOUT 45 YEARS,
R/A UDOYAGASTA MAHILA
NILAYA, BASAVA SAMATHI,
KENGERI CHECK POST,
MYSORE ROAD, KENGERI
BENGALURU - 560 079.
...PETITIONER
(BY SRI. SHANKARAPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY NELAMANGALA TOWN
POLICE STATION, BENGALURU
RURAL, REPRESENTED BY
Digitally signed STATE PUBLIC PROSECUTOR
by PRASHANTH HIGH COURT BUILDING
NV
Location: High BANGALORE - 560 001
Court of
Karnataka
2. L.C. NAGARAJU
ASSISTANT COMMISSIONER
PARUMANA LAYOUT,
BENGALURU SOUTH TALUK
NELAMANGALA TOWN,
BENGALURU - 562 123.
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1
SRI. R OM KUMAR, ADVOCATE FOR R2 (ABSENT))
-2-
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CRL.P No. 7213 of 2018
HC-KAR
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
FIR AND CHARGE SHEET FILED AGAINST PETITIONER IN CRIME
NO.122/2016, DATED 26.04.2016 OF NELAMANGALA TOWN POLICE
STATION, NELAMANGALA CIRCLE NELAMANGALA THE SAME IS
PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC COURT,
NELAMANGALA IN C.C.NO.64/2017 FOR THE OFFENCE P/U/S 353,
504, 506 OF IPC.
THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER
The petitioner being the accused in Cr.No.122/2016 of
Nelamangala Town police station, in CC No.64/2017 pending on
the file of the learned Principal Civil Judge and JMFC.,
Nelamangala registered for the offences punishable under
Sections 353, 504 and 506 of the Indian Penal Code (for short
'the IPC') is seeking to quash the criminal proceedings initiated
against him.
2. The facts of the case in brief are that respondent
No.2 as the informant has filed the first information with
Nelamangala Town Police against the petitioner alleging the
offence punishable under Sections 353, 504 and 506 of IPC.
The investigation was undertaken and the charge sheet came
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HC-KAR
to be filed for the above said offence. The learned Magistrate
took cognizance of the offences and registered CC No.64/2017.
The petitioner being the accused is before this Court seeking to
quash the criminal proceedings.
3. Heard Sri.Shankarappa, learned counsel for the
petitioner and Sri. Rangaswamy R, learned High Court
Government Pleader for the respondent No.1. Learned counsel
for respondent No.2 remained absent despite service of notice.
Hence, his argument is taken as nil. Perused the materials on
record.
4. In view of the rival contentions urged by the
learned counsel for the petitioner and learned HCGP for
respondent No.1, the point that would arise for my
consideration is:
"Whether the petitioner has made out any
grounds to allow the petition and to quash the
criminal proceedings initiated against him?"
My answer to the above point is in the 'Affirmative' for
the following:
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REASONS
5. It is the contention of the informant as well as the
prosecution that on 25.04.2016 at 6.23 pm., the petitioner by
using his mobile phones called the informant, who was working
as Assistant Commissioner (Revenue), Bengaluru South Taluk
and questioned as to why the proceedings in RA (S)/376/11-12
was not decided in his favour, abused him in filthy language,
threatened him and thereby, obstructed from discharging his
official duty.
6. On perusal of the entire charge sheet, the
Investigating Officer has not collected any materials to show
that the mobile numbers referred to in the first information as
well as in the charge sheet belong to the petitioner. When the
petitioner is not connected to the mobile phones referred to
above, no offence what so ever could said to have been made
out.
7. Learned counsel for the petitioner has drawn
attention of the Court to the final report filed in Cr.No.411/2015
of Halasurugate Police Station to contend that at the instance
of the very same informant-respondent No.2, a complaint was
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filed by the Deputy Tahasildar alleging commission of the
offence punishable under Sections 353, 341, 504, 506 of IPC
and also under Section 3 (1)(10) of SC and ST (Prevention of
Atrocities) Act. After investigation, the Investigating Officer has
filed B-report on 10.02.2016. The copy of the said B-report is
produced before this Court.
8. If the final report filed by the Investigating Officer
in the light of the allegations made in the first information is
taken into consideration, there is nothing to connect the
petitioner to the offence in question to allege either assault or
criminal force to deter the informant from discharging his duty
or to allege intentional insult with an intention to provoke
breach of peace, or to constitute criminal intimidation as
alleged. Therefore, none of these penal provisions could be
invoked on the basis of the materials on record. Hence, I am of
the opinion that the criminal proceedings initiated against the
petitioner is in abuse of process of law and it is liable to be
quashed.
9. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
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ORDER
(i) The Criminal Petition is allowed.
(ii) The criminal proceedings initiated in
Cr.No.122/2016 of Nelamangala Town police station, in
CC No.64/2017 pending on the file of the learned
Principal Civil Judge and JMFC., Nelamangala registered
for the offences punishable under Sections 353, 504 and
506 of IPC, is hereby quashed against the petitioner.
SD/-
(M G UMA)
JUDGE
BH
CT:VS
List No.: 1 Sl No.: 10
