- 1 - NC: 2025:KHC:12967 CRL.P No. 1454 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1454 OF 2025 BETWEEN: SMT HEENA KOUSER Y, D/O YUSUF AHMED, AGED ABOUT 26 YEARS, RESIDING AT 16TH CROSS, P H COLONY, TUMAKURU TOWN, TUMAKURU-572101. PETITIONER (BY SRI. RAGHAVENDRA AS.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY GUBBI POLICE STATION, REP BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001. 2. AYESHA SIDDHIKHA W/O SYED AZAM, AGED ABOUT 56 YEARS, RESIDING AT VIDYA NAGARA, 3RD CROSS, GUBBI TOWN, GUBBI ALUK, TUMAKURU-572. RESPONDENTS (BY SRI. MR PATIL., HCGP FOR R1; SRI. MANIKANTA., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12967 CRL.P No. 1454 of 2025 THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR NO. 480/2024 REGISTERED BY THE 1ST RESPONDENT GUBBI TOWN POLICE PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT GUBBI FOR THE OFFENCES PUNISHABLE U/S. 305 OF BNS ACT AND ETC,. THIS PETITION, COMING ON FOR AMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the registration of the First Information Report (FIR) for the offence punishable under Section 305 of the Bharatiya Nyaya Sanhita Act, 2023 (BNS). 2. Respondent No.2 filed the FIR, alleging that the petitioner, who is acquainted with her daughter, had visited her house. On 30.12.2024, it was noticed that jewelry from the house was missing, leading to the suspicion that the petitioner had committed the theft. 3. The veracity of the allegations made in the FIR requires investigation. At this stage, the registration of the FIR does not warrant any interference. 4. Accordingly, the petition stands disposed of with the following directions: a. Respondent No.1—Investigating Officer—is directed not to take any coercive action against the petitioner and - 3 - NC: 2025:KHC:12967 CRL.P No. 1454 of 2025 shall not summon the petitioner without following due process of law. b. Respondent No.1 shall conduct the investigation strictly in accordance with the law. c. Liberty is reserved for the petitioner to file a petition afresh in the event a charge sheet is filed. SD/- (HEMANT CHANDANGOUDAR) JUDGE PNV List No.: 1 Sl No.: 33