Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20383 CRL.P No. 2568 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2568 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SMT. MANASA ARUNKUMAR D/O SRI ARUNKUMAR, AGED ABOUT 36 YEARS, R/AT NO.493, NAGASHETTY HALLI ROAD KODIGE HALLI,
BENGALURU – 560 092.
2.
SRI. ABHISHEK, S/O SRI ARUNKUMAR, AGED ABOUT 33 YEARS, R/AT NO.493, NAGASHETTY HALLI ROAD KODIGE HALLI,
BENGALURU – 560 092.
3.
SMT. BASAMMA, W/O SRI ARUNKUMAR, AGED ABOUT 63 YEARS, R/AT NO.493, NAGASHETTY HALLI ROAD KODIGE HALLI,
BENGALURU – 560 092. …PETITIONERS (BY SRI. SHEKARAPPA, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY MICO LAYOUT POLICE STATION, NOW REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE – 560 001.
2.
SMT. LUBNA KOUSER D/O SHAIKH BABU AGED ABOUT 30 YEARS,
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:20383 CRL.P No. 2568 of 2025
R/AT NO.3, BILEKAHALLI, TAYAPPA GARDEN, 6TH MAIN ROAD, BENGALURU – 560 076. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1;
R-2 SERVED AND UNREPRESETNED)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.41/2025, (NOW DP.NO.111/2025) ON THE FILE OF THE HON’BLE CHIEF METROPOLITAN MAGISTRATE AT BENGALURU, FOR THE OFFENCES P/U/S 115(2) OF BNSS REGISTERED AGAINST THE PETITIONERS / ACCUSED, IN THE ABOVE PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek the following relief:
“Wherefore, it is prayed that this Hon’ble Court be pleased to pass an order quashing the entire proceedings in Crime No.41/2025, (Now D.P.No.11/2025) on the file of Hon’ble Chief Metropolitan Magistrate at Bengaluru, for the offences punishable under Section 115(2) BNSS registered against the petitioners / accused, in the above petition, in the interest of justice.”
2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 is served and unrepresented.
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HC-KAR NC: 2025:KHC:20383 CRL.P No. 2568 of 2025
3. A perusal of the material on record comprising of FIR, complaint, charge sheet materials, statement of witnesses, documents, etc., will clearly indicate that there is no valid nor sufficient material available for continuation of the aforesaid proceedings as against the petitioners. Under these circumstances, in order to secure the ends of justice, I deem it just and appropriate to exercise my jurisdiction under Section 482 Cr.P.C. r/w 528 BNSS and quash the impugned proceedings.
4. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned proceedings in Crime No.41/2025 (Now DP No.111/2025) on the file of the Chief Judicial Magistrate, Bengaluru, for the offence punishable under Section 115(2) BNSS, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 28