Sri T P Dayananda Reddy v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 2638 OF 2019 BETWEEN:

SRI. T. P. DAYANANDA REDDY S/O PILLA REDDY, R/AT NO.2110, THUBARAHALLI VILLAGE, VARTHUR MAIN ROAD, BANGALORE - 560 062. …PETITIONER (BY SRI. ANANDA V., ADVOCATE) AND:

¶1THE STATE OF KARNATAKA, THROUGH HULIMAVU POLICE, BANGALORE CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001.

¶2SMT. CHANDRAKANTHAMMA D/O PILLA REDDY, W/O KRISHNA REDDY, AGED ABOUT 58 YEARS, NO.40, G.M.PALYA, BYRASANDRA MAIN ROAD, BANGALORE - 560 075. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI. BHARATH M., ADVOCATE FOR SRI. C. SHANKAR REDDY, ADVOCATE FOR R2)

by ANUSHA V Location: High Court of Karnataka

THIS CRL.P FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE RESPONDENTS AGAINST THE PETITIONER IN C.C.NO.26892/2018 AT ANNEXURE-D (V ADDL.C.M.M., BENGALURU) AND CONSEQUENTLY QUASH THE REGISTRATION OF FIR IN CR.NO.172/2018 FOR THE OFFENCE P/U/S 504 AND 507 OF IPC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

This petition is filed for quashing of proceedings in CC.no.26892/2018 on file of 5th Addl. C.M.M. Court, Bengaluru, in pursuance of Crime no.172/2018 registered by Hulimavu Police Station for offences punishable under Sections 504 and 507 of Indian Penal Code (for short 'the IPC').

¶2Sri V. Ananda, learned counsel for petitioner submitted that complainant is sister of petitioner. It was submitted that another sister Smt.P.Indira had filed O.S.no.4125/2018 seeking for partition and separation possession. In same, respondent no.2/complainant had

received witness summons. While she was in house of CW-2 and CW-3 on

01.07.2018, petitioner called complainant and verbally abused and threatened her against attending matter before Civil Court. Due to same, complainant fell ill and lodged police complaint belatedly on 04.07.2018. Based on same, Crime no.172/2018 was registered by Hulimavu Police and after investigation charge sheet at Annexure-C was filed in C.C.no.26892/2018 for offences punishable under Sections 504 and 507 of IPC.

¶3It was firstly submitted that contents of complaint indicated that there was a civil dispute pending between complainant and accused. To exert pressure, complaint was filed. It was secondly submitted that none of ingredients necessary for offences alleged were present. In complaint, it was merely stated that there was a call from petitioner to complainant and after abusing complainant, she was asked not to attend Court, failing which rowdies would be sent to take away her life. It was

submitted that there was no mention that it was an anonymous call or petitioner/accused had made any attempt to hide his identity. Therefore, offence under Section 507 of IPC would not sustain.

¶4Likewise, there was no material to substantiate intentional insult or provocation with knowledge that it was likely to cause breach of peace or to commit any other offence. In absence of material to substantiate essential ingredients of offences, continuation of proceedings would amount to abuse of process of law and therefore, sought for quashing same.

¶5On other hand, Smt.Soumya R., learned High Court Government Pleader appearing for respondent no.1 and Sri Bharath M., learned counsel appearing for Sri C. Shankar Reddy, learned counsel for respondent no.2 opposed petition. It was submitted, based on complaint and after recording of statements of CW-2 and CW-3, collecting call detail records, conducting panchanama etc.,

charge sheet was filed. Prima-facie, call detail records indicated that there was a call from petitioner's mobile number to that of complainant. And allegations about abusive words uttered and threat offered would require to be established in trial and there was sufficient material for prosecution.

¶6Heard learned counsel and perused material on record.

¶7This petition is filed by sole accused challenging proceedings initiated in C.C.no.26892/2018 for offences punishable under Sections 504 and 507 of IPC on ground of lack of ingredients of offence. At outset, essential ingredient for offence punishable under Section 504 is intentional insult so as to provoke breach of peace or for commission of any other offence. Likewise, essential ingredient for offence under Section 507 would be anonymity or attempt by accused to hide his identity.

¶8Perusal of complaint, statements as well as charge sheet reveals no attempt by accused to hide his identity. Besides there is non-mention of abusive words uttered or any material to indicate intentional insult of such nature as to provoke breach of peace or commission of any other offence. In absence of essential ingredients, as rightly submitted, continuation of proceedings would amount to abuse of process of law.

¶9In view of above, petition is allowed. Proceedings in C.C.no.26892/2018 registered by Hulimavu Police Station for offences punishable under Sections 504 and 507 of IPC against petitioner, stands quashed.

Sd/- (RAVI V HOSMANI) JUDGE

MCR List No.: 1 Sl No.: 22