- 1 - HC-KAR NC: 2025:KHC:23557 CRL.P No. 7430 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7430 OF 2025 BETWEEN: 1. SRI. MAYANNA H.M, S/O LATE NINGEGOWDA, AGED ABOUT 72 YEARS, R/AT NO.1/1, DATTA NILAYA, KAMAKSHIPALYA, BANGALORE - 560 079. 2. SRI. RAVI H.M, S/O SRI MAYANNA, AGED ABOUT 42 YEARS, R/AT NO.1/1, DATTA NILAYA, CHENNINGAPPA LANE, KAMAKSHIPALYA, BANGALORE - 560 079. 3. SRI. SUNIL K @ SUNIL, S/O K. KRISHNAMURTHY, AGED ABOUT 48 YEARS, R/AT NO.757/15, 7TH MAIN, BSK 1ST STAGE, SRINAGAR, BANGALORE - 560 050. 4. SRI. KHALANDAR, S/O SAIFULLA, AGED ABOUT 26 YEARS, R/AT NO.617, 26TH CROSS, J P NAGAR, DODDABALLPUR TALUK, BANGALORE - 561 203. Digitally signed by DHAKSHAYINI R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23557 CRL.P No. 7430 of 2025 ALSO AT PALANJOGIHALLI, MALLATHAHALLI, BANGALORE RURAL, KARNATAKA - 561 203. …PETITIONERS (BY SMT. NIVEDITHA C. SHIVANAIKAL, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BASAVESHWARA NAGAR POLICE STATION, VIJAYANAGAR SUB-DIVISION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. SRI. D.K. PRABHU, S/O LATE DEVALINGAIAH, AGED ABOUT 63 YEARS R/AT NO.27, 1ST MAIN, SBI OFFICERS COLONY, BASAVESHWARANAGAR, BENGALURU - 560 079. …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1; R2 - SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.143/2025 PENDING ON THE FILE OF 24TH A.C.M.M COURT BENGALURU CITY REGISTERED BY THE 1ST RESPONDENT BASAVESHWARA NAGAR POLICE FOR THE OFFENCE P/U/S 290, 324(4), 351(2), 352 OF BNS 2023 - 3 - HC-KAR NC: 2025:KHC:23557 CRL.P No. 7430 of 2025 PRODUCED AT ANNEXURE-A AND B WITH RESPECT TO THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "WHREFORE, the Petitioners most respectfully pray that this Hon'ble Court be pleased to quash the FIR and Complaint in Crime No.0143/2025 pending on the file of the 24th Addl. Chief Metropolitan Magistrate Court, Bengaluru City, registered by the 1st Respondent - Basaveshwara Nagar Police for offence punishable under sections 290, 324(4), 351 (2), 352 of BNS, 2023 produced at Annexure-A and B, with respect to the petitioners herein, in the interest of justice and equity". 2. Heard the learned counsel for the petitioners and the learned HGCP for respondent no.1 and perused the material - 4 - HC-KAR NC: 2025:KHC:23557 CRL.P No. 7430 of 2025 on record. Respondent No.2 /defacto complainant having been served with notice of this petition has chosen to remain un- represented and has not challenged the petition. 3. Respondent No.2 has filed the impugned complaint on 10.05.2025 against the petitioners/accused persons which was registered as FIR in Crime No.143/2025 for the offences punishable under Section 290, 324(4), 351(2) and 352 of BNS,2023. In this context, perusal of the complaint, FIR and other material on record will clearly indicate that the same do not disclose the commission of the offences as alleged by respondent no.2/ complainant coupled with the fact that there is no corroborative material produced by respondent no.2 in this regard. 4. On the other hand, the documents produced by the petitioners comprising of building licence, payment receipts, sanction plan etc., is sufficient to come to the conclusion that the petitioners cannot be said to be guilty of the alleged offences. Under these circumstances, I am of the opinion that the continuation of the impugned proceedings would amount to - 5 - HC-KAR NC: 2025:KHC:23557 CRL.P No. 7430 of 2025 abuse of process of law warranting interference in the present petition. ORDER Petition is hereby allowed. The FIR and complaint in Crime No.143/2025 pending on the file of 24th Addl. CMM Court, Bengaluru City is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SD List No.: 1 Sl No.: 55 CT: BHK