- 1 - HC-KAR NC: 2025:KHC:18430 CRL.P No. 7505 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 7505 OF 2025 BETWEEN: 1. SRINIVASAN K., S/O THIMMARAYPPA K., AGED ABOUT 64 YEARS, OCC: MANAGIND DRIECTOR, M/S SANTOSH SHELTERS PVT LTD., R/AT 206/2A, SANTOSH NIVAS, 2ND FLOOR 13TH A CROSS, NAGAAVARA PALYA, C. V.RAMAN NAGAR, BANGALURU 560093. 2. VINOTHKUMAR KRISHNAN @ VINOD, S/O KRISHNAN, AGED ABOUR 45 YEARS, R/AT D/NO. 1/715A, V MADEPALLI, MADEPALLI POST, MADEPALLI, KRISHANGIRI DIST, TAMIL NADU 635121. 3. VIJAYKUMAR KRISHNAN @ VIJAY, S/O KRISHNAN, AGED ABOUR 45 YEARS, R/AT-D/NO.1/715A, V MADEPALLI, MADEPALLI POST, MADEPALLI , KRISHANGIRI DIST, TAMIL NADU 635121 …PETITIONERS (BY SRI. DINESHKUMAR RAO K., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18430 CRL.P No. 7505 of 2025 AND: 1. THE STATE BY SARSWATIPURAM POLICE STATION, MYSURU 570009. 2. INSPECTOR OF POLICE, SAHUKAR CHENNAIAH ROAD, KUVEMPUNAGARA NORTH, SARASWATHIPURAM, MYSURU 570009. 3. SPECIAL EXECUTIVE MAGISTRATE/DEPUTY COMMISSIONER OF POLICE, SAHUKAR CHENNAIAH ROAD, KUVEMPUNAGARA NORTH, SARASWATHIPURAM, MYSURU 570009. …RESPONDENTS (BY SMT:N ANITHA GIRISH, HCGP) THIS CRL.P IS FILED UNER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED SHOW CAUSE NOTICE DATED 13.05.2025 ISSUED IN M.A.G.(2)/193/2025 ISSUED BY RESPONDENT NO.3 AND FURTHER PROCEEDINGS ON THE REPORT SUBMITTED BY RESPONDENT NO.1 OF SARSWATIPURAM POLICE STATION, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:18430 CRL.P No. 7505 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking following reliefs. ”It is therefore prayed that this Hon'ble High Court may be pleased to quash the impugned show cause notice dated 13.05.2025 issued in M.A.G.(2)/193/2025 issued by respondent No.3 and further proceedings on the report submitted by respondent No.1 of Sarswatipuram police station, Mysuru in the interest of justice." 2. The grievance of the petitioner is that the summons which have been issued under Section 132 of Bharatia Nagarik Suraksha Sanhita (for short 'BNSS'), 2023 does not comply with the requirement of Section 130 of BNSS, 2023 thereof. 3. In the impugned summons, which have been issued only the date and time of appearance of the petitioner has been mentioned without details under Section 130 of BNSS, 2023. Section 130 of BNSS, 2023 reads as under: "130. When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties." - 4 - HC-KAR NC: 2025:KHC:18430 CRL.P No. 7505 of 2025 4. A perusal of the said provision would indicate that the order is to be made in writing, the details as regard the substance of information received, the amount of the bond to be executed, term for which it is to be enforced, and the number of sureties would also have to be mentioned in such an order. A perusal of the impugned summons exfacie indicates that those details are not mentioned in the said summons. 5. In that view of the matter, I proceed to pass the following: ORDER (i) Criminal petition is allowed. (ii) The show cause notice dated 13.05.2025, issued in M.A.G.(2)/193/2055, by respondent No.3, Special Executive Magistrate for Deputy Commissioner of Police, is hereby quashed. (iii) Liberty is however reserved to respondent No.3 to issue fresh summons by complying with Section 130 of the BNSS,2023, if deemed necessary by respondent No.3. SD/- (SURAJ GOVINDARAJ) JUDGE BH/List No.: 3 Sl No.: 33