- 1 - HC-KAR NC: 2025:KHC:23645 WP No. 15338 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15338 OF 2025 (GM-RES) BETWEEN: N. NAVEEN S/O V.NAGRAJ AGED ABOUT 35 YEARS, R/O NARASIPUR LAYOUT, VIDYARANAYAPURA, BENGALURU-560097. …PETITIONER (BY SRI. SHREERAM TIMMAPPA NAYAK, ADVOCATE FOR SRI. VISHWAS GOWDA G.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS, AMBEDKAR VEEDHI, BENGALURU - 560 001 BY SECRETARY. 2. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER VIDYARANYAPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. 3. THE SUPERINTENDENT OF POLICE BENGALURU DISTRICT NO.5, MILLERS ROAD, BANGALORE - 560051 4. SUPERINTENDENT OF CENTRAL PRISON, BENGALURU, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23645 WP No. 15338 of 2025 PARAPPANA AGRAHARA BENGALURU-560 068. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR RESPONDENT NOS.1 TO 4) THIS WP IS FILED UNDER SECTION 528 OF BNSS READ WITH ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR AND COMPLAINT DATED 29.04.2025 IN CRIME NO.133/2025 OF VIDYARANYAPURA POLICE STATION FOR AN OFFENCE UNDER SECTIONS 333, 329(4), 324(2), 351(2), 189(1), 189(2), 189(4), 190 OF THE BNS AND SECTION 25(1B)(b) OF THE INDIAN ARMS ACT, 1959, WHICH IS NOW PENDING BEFORE THE 7TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AT ANNEXURE-C AND C-1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER The petitioner seeks the following reliefs: “A. Quash the FIR and Complaint dated 29/04/2025 in Crime No.133/2025 of Vidyaranyapura police station for an offence under Sections 333, 329(4), 324(2), 351(2), 189(1), 189(2), 189(4), 190 of the BNS and Section 25(1B)(b) of the Indian Arms Act, 1959, which is now pending before the 7th Additional Chief Metropolitan Magistrate at Bengaluru at Annexure-“C” and “C-1”. B. Declare the arrest of the Petitioners dated 08/05/2025 in Crime No.133/2025 registered by Vidyaranyapura - 3 - HC-KAR NC: 2025:KHC:23645 WP No. 15338 of 2025 P.S. for an offence under Sections 333, 329(4), 324(2), 351(2), 189(1), 189(2), 189(4), 190 of the BNS and Section 25(1B)(b) of the Indian Arms Act, 1959 as illegal at ANNEXURE-“D-1”. C. Pass such other order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the case in the ends of justice.” 2. Heard learned counsel for the petitioner and the learned Addl. State Public Prosecutor for respondent Nos.1 to 4 and perused the material on record. 3. A perusal of the material on record will indicate that it is the specific contention of the petitioner that despite the petitioner not being arraigned / named as an accused person in the impugned FIR in Crime No.133/2025, the petitioner was illegally arrested by the respondents and consequently, the impugned arrest of the petitioner and the impugned proceedings deserve to be quashed. 4. It is submitted that subsequent to the interim order dated 29.05.2025 passed by this Court directing release of the petitioner, the respondent No.2 – Investigating Officer along with the CCB police are unnecessarily harassing, annoying and - 4 - HC-KAR NC: 2025:KHC:23645 WP No. 15338 of 2025 intimidating the petitioner and as such, necessary directions in this regard may be issued and the present petition may be disposed of making the interim order relating to release of the petitioner absolute by withdrawing the investigation from the respondent No.2, the present Investigating Officer and entrusting / transferring the same to a different Investigating Officer for further investigation. 5. Per contra, learned Additional State Public Prosecutor would oppose the said submission made by the learned counsel for the petitioner and also submit that despite the bad conduct of the wife of the petitioner, the respondent - Police authorities have not initiated any action against her. He would however fairly submit that respondent Nos.1 and 3 would withdraw the investigation from respondent No.2 and entrust / transfer the same to a different Investigating Officer for further investigation in the matter. 6. Before adverting to the rival submissions, it would be necessary to notice the interim order dated 29.05.2025 under which the petitioner was released by way of interim bail, which reads as under: “1. Sri Ravindranath Kamath, learned Senior Counsel appearing for the petitioner submits that father-in-law - 5 - HC-KAR NC: 2025:KHC:23645 WP No. 15338 of 2025 of the petitioner is hospitalized on account of renal failure and there is a surgery, which is scheduled tomorrow i.e., on 30.05.2025. He has also made available a pen drive containing the conversation recorded between the petitioner (when he was not in custody) and his wife on the one hand, and the then Investigating Officer on the other hand. 2. The pen drive having been handed over to the learned SPP, the Deputy Commissioner of Police, North East Division, Bengaluru, is directed to look into the said conversation and the complaint, which has already been filed before the Commissioner of Police as directed on 27.05.2025. 3. Considering that the father-in-law of the petitioner is to undergo a major operation on 30.05.2025, I am of the considered opinion, that the petitioner would have to be released on interim bail. Hence the following:- ORDER The petitioner shall be released on bail in connection with Crime No.133/2025 of Vidyaranyapura Police Station, Bengaluru, for the offences punishable under Sections 333, 329(4), 324(2), 351(2), 189(1), 189(2), 189(4), 190 of the BNS and Section 25 (18)(B) of the Indian Arms Act, 1959, subject to the following conditions :- i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with one - 6 - HC-KAR NC: 2025:KHC:23645 WP No. 15338 of 2025 surety for the likesum to the satisfaction of the jurisdictional Court; ii. The petitioner shall appear before the trial court regularly on the appointed dates; iii. The petitioner shall furnish list of movable and immovable property held by him to the said Court. iv. The petitioner shall not tamper with evidence or cause any threat to any of the prosecution witness/s in any manner. v. The Petitioner shall co-operate with the completion of the investigation as expeditiously as possible. vi. The petitioner shall furnish his Mobile Number, Watsapp Number and Email ID (If available) so as to enable him to be contacted if necessary. He is also directed not to change any of the above till completion of the trial. 4. Learned Additional SPP is directed to communicate the said order to the concerned authorities to enable them to complete the formalities. 5. The petitioner be released from prison after executing the bond before the Prison Authorities by end of the - 7 - HC-KAR NC: 2025:KHC:23645 WP No. 15338 of 2025 day, i.e., today and the other formalities to be completed before the Trial Court within one week from today. 6. Re-list on 19.06.2025.” 7. It is an undisputed fact that in pursuance of the said order, the petitioner has been released on bail and in view of the submissions made by both sides, I am of the view that the said interim order releasing the petitioner deserves to be made absolute by reserving liberty in favour of the respondents and by issuing further directions in this regard in relation to the further investigation to be conducted by respondent Nos.1 and 3. 8. In the result, I pass the following: ORDER i. The petition is hereby disposed of. ii. The interim order dated 29.05.2025 passed by this Court directing interim release of the petitioner is made absolute. Respondent Nos.1 and 3 are directed to withdraw the on-going investigation from the respondent No.2 – Investigating Officer and transfer / entrust the - 8 - HC-KAR NC: 2025:KHC:23645 WP No. 15338 of 2025 same to a different Investigating officer for further investigation immediately upon receipt of a copy of this order. iii. New / fresh Investigating Officer shall continue with the investigation strictly in accordance with law without unnecessarily harassing, annoying or intimidating the petitioner. iv. It is needless to state that the petitioner would cooperate with the further investigation to be conducted by the new / fresh Investigating Officer. v. Liberty is also reserved in favour of the petitioner to take recourse to such other remedies as available in law. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA/List No.: 3 Sl No.: 14