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2025 DAILYLAW 13111 (KAR)

SRI SHIVARUDRAIAH v. STATE OF KARNATAKA

CRL.P/346/2025 · 2025-04-02

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:13962 CRL.P No. 346 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 346 OF 2025 BETWEEN: SRI. SHIVARUDRAIAH, S/O LATE NAGAPPA, AGED ABOUT 60 YEARS, NO.59, SRI DEVI LAYOUT, MEDARANAHALLI, 2ND CROSS, CHIKKABANAVARA, BENGALURU CITY, KARNATAKA - 560 090. …PETITIONER (BY SRI. CHETHAN S.N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE SOLADEVANAHALLI POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. NIRMALA, D/O MANI T, AGED ABOUT 32 YEARS, NO.58, MEDARANAHALLI, SHRIDEVI LAYOUT, 2ND CROSS, CHIKKABANAVARA, BENGALURU CITY, KARNATAKA - 560 090. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; R2 - SERVICE OF NOTICE IS HELD SUFFICIENT, VIDE COURT ORDER DATED 26.03.2025) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13962 CRL.P No. 346 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR FILED IN CRIME NO.0449/2024 BY THE RESPONDENT SOLADEVANAHALLI POLICE STATION DATED 16.11.2024 FOR THE ALLEGED OFFENCES P/U/S 126(2), 351(3), 352, 74 AND 79 OF BNS ON THE FILE OF THE COURT OF CJM, BANGALORE RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the registration of the FIR for offences punishable under Sections 126(2), 351(3), 352, 74, and 79 of the Bharatiya Nyaya Sanhita, 2023. 2. The 2nd respondent lodged the First Information Report stating that there was animosity between him and the petitioner/accused. On 16.11.2024, the petitioner/accused allegedly appeared in front of the respondent’s motorcycle while he was on his way to the office, attempted to snatch the motorcycle, and threatened that he would not allow him to go to the office. At that moment, the complainant’s sister intervened, and when she attempted to record the incident, the - 3 - NC: 2025:KHC:13962 CRL.P No. 346 of 2025 petitioner/accused allegedly pushed her and pulled her T- shirt. 3. It is further alleged that the petitioner tried to intimidate the complainant using his two dogs, and his wife abused the complainant’s family with vulgar language. Although the 2nd respondent-complainant was served with notice, he has not appeared in person or through counsel and is therefore placed ex parte. 4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 5. The petitioner had lodged a First Information Report against the 2nd respondent in Crime No.99/2024 for offences punishable under Sections 125(a) and 281(b) of the Bharatiya Nyaya Sanhita, 2023, alleging that the complainant caused accidental injuries due to rash and negligent riding of the motorcycle. This FIR was registered on 16.11.2024, and the impugned FIR was lodged on the same date as a counterblast to the FIR lodged by the petitioner. 6. The FIR filed by the 2nd respondent appears to be an attempt to pressure the petitioner into withdrawing his complaint. Therefore, the continuation of the investigation, based solely on the self-serving statement of - 4 - NC: 2025:KHC:13962 CRL.P No. 346 of 2025 the 2nd respondent, would amount to an abuse of the process of law. Accordingly, I pass the following:- ORDER i. Petition is allowed. ii. The impugned First Information Report in Crime No.449/2024 registered by Soladevanahalli Police Station is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE VS List No.: 1 Sl No.: 19 CT: BHK