Sri. Manjunatha. N. M v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 12570 OF 2026 BETWEEN:

SRI. MANJUNATHA. N. M S/O MARISWAMYGOWDA AGED ABOUT 39 YEARS R/AP.NERALEKERE VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA-571415 …PETITIONER (BY SRI A S MADHU,ADVOCATE) AND:

¶1STATE OF KARNATAKA, NAGAMANGALA RURAL POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560001.

¶2SMT. PARVATHAMMA, W/O RUDRESH, AGED ABOUT 40 YEARS, R/A KARADAHALLI VILLAGE, DEVALAPURA HOBLI, HEMAVATHI EXTENSION, TB EXTENSION, NAGAMANGALA TOWN, MANDYA-571415. …RESPONDENTS (BY SRI G S ARUNA, HCGP FOR R1)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.212/2026 ON THE FILE OF THE LD I ADDL.CIVIL JUDGE AND JMFC NAGAMANGALA AND QUASH THE CHARGE SHEET DATED 25.04.2026 AND FIR BEARING CRIME NO.0048/2026 AND COMPLAINT DATED

20.03.2026 REGISTERED BY THE NAGAMANGALA RURAL POLICE STATION FOR THE OFFENCES P/U/S 352, 118(1), 109, 351(2), 115(2) OF THE BNS ACT 2023 VIDE ANNEXURE-A, B AND C.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER Heard learned counsel appearing for the petitioner and learned HCGP for respondent No.1.

¶2This petition is filed to quash the proceedings in C.C.No.212/2026 pending before the Judicial Magistrate First Class, Nagamangala. The proceeding is arising from Crime No.48/2026 pursuant to complaint dated 20.03.2026.

¶3The offences alleged are under Sections 352, 118(1), 109, 351(2), 115(2) of the Bharatiya Nyaya Sanhita, 2023.

¶4Learned counsel appearing for the petitioner would submit that there are various contradictory material in the charge sheet and from those materials it can be safely concluded that false case is made out against the petitioner.

¶5It is the further submission that, a civil suit pending between the parties in O.S.No.389/2024 and an application filed by the complainant seeking temporary injunction is dismissed and as a counter blast to the said dismissal, the present complaint is filed making false allegations.

¶6It is the further submission that the weapon allegedly used as per the complaint averment is not recovered and that is not part of the charge sheet material and what is shown in the charge sheet is a different weapon as such, it is the contention that the case is false. It is also further averment that the wound certificate is false and he would submit that the entire story is concocted.

¶7Learned HCGP would submit that the contents of the complaint would disclose that there is an allegation of assault and injury was inflicted on the complainant/victim. It

is submitted that the prosecution case is supported by the wound certificate. The contention that the wound certificate is false and the contention that the incident has not taken place have to be established in trial.

¶8The Court has considered the contentions raised at the Bar and perused the records.

¶9It is indeed true that the application filed by the complainant seeking temporary injunction is dismissed. However, that itself cannot be a ground to quash the proceeding under Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023. Whether the injury has taken place or not, whether the alleged weapon referred to the complaint is recovered or not, whether the alleged weapon shown in the charge sheet is recovered or not and Whether the wound is really inflicted or not are all the matters required to be considered at the time of trial.

¶10Under the circumstances, without expressing anything on the merits of the defense to be raised by the

petitioner in the course of trial and without expressing on the merits of the charge sheet filed by the prosecution, the petition is dismissed.

¶11The Trial Court shall consider case on merits without being influenced by the order of dismissal as this order is confined to the merit of the petition under Section 528 of BNSS.

(ANANT RAMANATH HEGDE) JUDGE

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