- 1 - HC-KAR NC: 2025:KHC:18748 CRL.P No. 1155 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1155 OF 2025 BETWEEN: MR. ARJUN R S/O. MR. C RAMESH, AGED ABOUT 39 YEARS PRESENTLY RESIDING AT NO. 970, GOPALAPURA, TIRUMAKUNALU, T. NARASIPURA, MYSURU DISTRICT - 571 124. …PETITIONER (BY SRI. GAURAV G.K, ADVOCATE) AND: 1. THE STATE - THROUGH THE YELAHANKA NEW TOWN POLICE STATION, BENGALURU (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001) 2. MRS. NAGALATHA. H, W/O. HARSHA. T. E, AGED ABOUT 47 YEARS, R/AT. NO. 47, AKSHAYANAGAR MAIN ROAD, Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18748 CRL.P No. 1155 of 2025 LAHARI BUILDING, THIRUMALANAGAR MAIN ROAD, ATTURU, BENGALURU - 560 064. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1, SRI. B.N. ANJAN KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH ALL PROCEEDINGS IN P.C.R NO.13364/2024 CULMINATING IN REGISTRATION OF FIR REGISTERED IN CRIME NO.576/2024 OF YELAHANKA NEW TOWN POLICE STATION, BENGALURU FOR THE ALLEGED FOR THE OFFENCES P/U/S 318(4), 351(2), 351(3) AND 352 OF THE BNS, 2023 ON THE FILE OF THE COURT OF VII ADDL. CJM, AT BENGALURU AND PASS SUCH OTHER AND OR FURTHER ORDERS AS MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:18748 CRL.P No. 1155 of 2025 ORAL ORDER In this petition, the petitioner seeks the following reliefs: "WHEREFORE, it is prayed that this Hon'ble Court be pleased to quash all proceedings in P.C.R.No. 13364/2024 culminating in registration of FIR registered in Crime No. 576/2024 of Yelahanka New Town Police Station, Bengaluru for the alleged for the offences punishable under Section 318(4), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 on the file of the Court of VII Addl. Chief Judicial Magistrate, At Bengaluru, and pass such other and or further order(s) as may deem fit and proper in the facts and circumstances of the present case." 2. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-complainant filed a private complaint in PCR No.13364/2024 against the petitioner for alleged offences punishable under Sections 318(4), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023. In pursuance of the - 4 - HC-KAR NC: 2025:KHC:18748 CRL.P No. 1155 of 2025 said private complainant dated 19.10.2024, the learned Magistrate referred the matter for investigation to the jurisdictional Police authority, who registered an FIR in Cr.No.576/2024. 4. Aggrieved by the impugned proceedings, the petitioner is before this Court inter alia contending that the private compliant filed by respondent No.2 was not accompanied by the mandatory affidavit as held in Priyanka Srivastava and another vs. State of Uttar Pradesh and others reported in (2015) 6 SCC 287 and followed by this Court in the case of Smt Gangambike and another vs. State of Karnataka and another [Crl.P.No.9220/2024 disposed of on 03.02.2025]. It is also pointed out that since the impugned private complaint was filed invoking the provisions contained under BNS, 2023, it is incumbent upon by the learned Magistrate to issue notice to the petitioner and hear him before proceeding further in terms of the proviso to Section 223 (1) of BNS, 2023 and as such, the impugned order directing investigation and the impugned FIR deserves to be quashed on this ground also. - 5 - HC-KAR NC: 2025:KHC:18748 CRL.P No. 1155 of 2025 5. Per contra, learned counsel for respondent No.2 submits that there is no merit in the petition and the same is liable to be dismissed. 6. As rightly contended by learned counsel for the petitioner, a perusal of the material on record, in particular the impugned private complaint in PCR No.13364/2024 will indicate that the same is not accompanied by the mandatory affidavit as contemplated in Priyanka Srivastava's case (supra) and followed by this Court in Smt Gangambike's case (supra). In additional thereto, in the light of the proviso to Section 231(1) of BNS, 2023, it is essential that the learned Magistrate to issue notice to the petitioner and thereafter proceed further in accordance with law. 7. Under these circumstances, I am of the view that the impugned order dated 12.11.2024 referring the case to the jurisdictional police station and consequent FIR in Cr.No.576/2024 deserves to be quashed and the matter requires to be remitted back to the learned Magistrate for re-consideration of the private complaint in PCR No.13364/2024 and to proceed further in accordance with law. - 6 - HC-KAR NC: 2025:KHC:18748 CRL.P No. 1155 of 2025 8. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 12.11.2024 passed in PCR No.13364/2024 by the learned Magistrate and FIR in Cr.No.576/2024 of Yelahanka New Town Police Station, Bengaluru are hereby set aside. iii) The matter is remitted back to the learned Magistrate for re-consideration of PCR No.13364/2024 and to proceed further in accordance with law bearing in mind the observations made in this order. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 20