- 1 - NC: 2025:KHC:13044 CRL.P No. 4138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4138 OF 2025 BETWEEN: MRS SHWETHA N K W/O SRI. SURESH G.N., AGED ABOUT 31 YEARS, RESIDING AT NO.704, TOWER 4, RAINTREE BOULEVARD APARTMENT, BYATARAYANAPURA, BENGALURU CITY, KARNATAKA - 560092 …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA., ADV.) AND: 1. THE STATE OF KARNATAKA THROUGH KODIGEHALLI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. MR. SURESH G.N., S/O SRI. NEELAKANTAIAH AGED ABOUT 45 YEARS R/ AT NO.704, TOWER 4, L& T APARTMENT, BYATARAYANAPURA, BENGALURU CITY, KARNATAKA - 560 092 …RESPONDENTS (BY SRI.ANOOPKUMAR M.N., ADV.) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 01.02.2025 PASSED BY THE HONBLE VII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU (ERSTWHILE HONBLE VII Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:13044 CRL.P No. 4138 of 2025 ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU) IN CRIME NO.249/2023 OF THE KODIGEHALLI POLICE STATION, BENGALURU VIDE DOCUMENT NO.03 AND CONSEQUENTLY RESTORE THE COMPLAINT DATED 11.09.2023 AND PROCEEDINGS IN CRIME NO.249/2023 ON THE FILE OF THE HONBLE VII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU (ERSTWHILE HONBLE VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU) SO AS TO PERMIT THE PETITIONER TO PROTEST THE B SUMMARY REPORT SUBMITTED BY THE RESPONDENT NO.01. AFTER GIVING REASONABLE OPPORTUNITY TO THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for respondent No. 1. Service of notice to respondent No. 2 is dispensed with. 2. Initially, based on the FIR lodged by the petitioner, the police registered a case for offences punishable under Sections 498A read with 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’). 3. After investigation, the police submitted a ‘B’- report, to which the petitioner filed a protest petition. The learned Magistrate accepted the ‘B’-report without assigning any reasons, citing that the petitioner was not present on the said date. 4. Heard learned counsel for the parties. - 3 - NC: 2025:KHC:13044 CRL.P No. 4138 of 2025 5. Admittedly, the learned Magistrate did not follow the directions issued by this Court in the case of Dr. Ravikumar vs. Mrs. KMC Vasantha and another before passing an order accepting the ‘B’-report. Therefore, the impugned order passed by the learned Magistrate is not legally sustainable. Accordingly, the petition is allowed. ORDER (i) Criminal petition is allowed. (ii) The impugned order dated 01.02.2025 passed by the VII Additional Chief Judicial Magistrate, Bengaluru in Cr.No.249/2023 registered by Kodigehalli police Station Bengaluru is hereby quashed. (iii) Learned Magistrate to pass an appropriate order on the 'B'-report submitted by the police in the aforesaid crime strictly in accordance with the decisions of this Court in the case of Dr.Ravikumar supra. (iv) The petitioner to appear before the Trial Court on 24.04.2025. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BH List No.: 1 Sl No.: 35