- 1 - NC: 2025:KHC:18159 CRL.P No. 6565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6565 OF 2025 BETWEEN: 1. SUNLARGE INDUSTRIES PVT. LTD., HAVING REGISTERED OFFICE AT PLOT NO.282/1/C, BOMMASANDRA JIGANI LINK ROAD, KIADB INDUSTRIAL AREA, OPP HCL TECHNOLOGIES, BENGALURU, KARNATAKA - 560 150. 2. SUNLARGE FILAMENTS PVT. LTD., HAVING REGISTERED OFFICE AT PLOT NO. 282/1/C, BOMMASANDRA, JIGANI LINK ROAD, KIADB INDUSTRIAL AREA, OPP: HCL TECHNOLOGIES, BENGALURU, KARNATAKA - 560 150. BOTH PETITIONERS ARE REPRESENTED BY ITS DIRECTOR ADITHYA NANJUNDA. …PETITIONERS (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, JIGANI POLICE STATION, ANEKAL, BENGALURU, KARNATAKA - 560 066, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENT (BY SRI. M.V. ANOOP KUMAR HCGP) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:18159 CRL.P No. 6565 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO A. SET ASIDE THE ORDER DATED 07.11.2024 PASSED BY THE III ADDL.JUDGE (JR.DN) AND JMFC COURT, ANEKAL, BENGALURU RURAL IN CRIME NO.115/2023 ACCEPTING THE B REPORT/CLOSURE REPORT DATE 25.01.2024 UNDER SECTION 173 OF THE CRIMINAL PROCEDURE CODE, 1973 AND (ANNEXURE-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner had lodged a First Information Report (FIR) alleging commission of offences punishable under Sections 406 and 420 of the Indian Penal Code. Pursuant to investigation, the jurisdictional police submitted a ‘B’ report under Section 173(2) of the Code of Criminal Procedure, 1973, opining that the allegations were not substantiated. Upon submission of the ‘B’ report, the Trial Court issued notice to the petitioner, as required under law. However, despite service of notice, the petitioner failed to appear before the Court. Consequently, the Trial Court proceeded to accept the ‘B’ report and closed the proceedings. 2. A perusal of the order sheet reveals that the Trial Court has not recorded any independent reasons or findings while accepting the ‘B’ report. It is a settled position of law that the Magistrate, while considering a ‘B’ report, is duty-bound to apply his judicial mind to the materials placed on record and assign brief but cogent reasons for accepting or rejecting the - 3 - NC: 2025:KHC:18159 CRL.P No. 6565 of 2025 report. The absence of any such reasoning in the impugned order renders the same legally unsustainable, as it reflects non- application of mind and a mechanical acceptance of the police report, in contravention of the principles of fair procedure. 3. Hence, the following order is passed: ORDER i. Petition is allowed. ii. The order dated 07.11.2024 passed by the III Addl. Judge (Jr.Dn) and JMFC Court, Anekal, Bengaluru Rural in Cr.No.115/2023 registered by the Jigani Police Station, Anekal is hereby quashed. iii. The Trial Court to pass appropriate order in accordance with law after providing an opportunity of hearing to the petitioner. iv. The petitioner to appear before the Trial Court on 04.06.2025 without awaiting further notice from the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 93; CT: BHK