- 1 - HC-KAR NC: 2025:KHC:23961 WP No. 19075 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 19075 OF 2025 (GM-RES) BETWEEN: SRI THANUSH N. K., S/O NANDA KISHORE RAJ, AGED ABOUT 23 YEARS, R/A. NO. 43/2 B, BLISS GUBBI CROSS, KOTHANUR, DR. SHIVARAMA KARANTH NAGAR BANGALORE NORTH, KARNATAKA – 560 077 …PETITIONER (BY SRI. SUNIL KUMAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KOTHANUR P.S. REP. BY LD. SPP, HIGH COURT BUILDING, BENGALURU – 560 001. 2. SRI. SRINIVAS B. N. S/O LATE M. NARAPPA REDDY, AGED ABOUT 45 YEARS, R/A. NO. 6/1 (A), NEXT TO LEGACY SCHOOL, CKMR GARDENS, BYRATHI, KOTHANUR, BENGALURU – 560 077 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP FOR R1; SRI. MURALI M., ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23961 WP No. 19075 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA R/W 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE FIR AND COMPLAINT AT ANNEXURE-A AND A1 DATED. 09.06.2025 IN CRIME NO. 177/2025 REGISTERED BY KOTHANUR P.S. FOR OFFENCES PUNISHABLE UNDER SECTION 305 OF BNS WHICH IS NOW PENDING BEFORE THE XXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC. 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, petitioner seeks for the following reliefs: “A. Quash the FIR & Complaint at Annexure ‘A’ & ‘A1’ dated 09.06.2025 in Crime No.177/2025 registered by Kothanur P.S. for the offences p/u/s 305 of BNS which is now pending before the XXIX Additional Chief Judicial Magistrate at Bengaluru, in so far as the Petitioner is concerned; B. Declare the arrest of the Petitioner dated 28.06.2025 in Crime No.177/2025 registered by Kothanur P.S., for offence p/u/s 305 of BNS as illegal; 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.” - 3 - HC-KAR NC: 2025:KHC:23961 WP No. 19075 of 2025 2. Learned counsel for the petitioner on instructions submits that if the prayer (B) is granted and petitioner is directed to be released, petitioner would not press prayer (A) and liberty may be reserved in favour of petitioner to take recourse to such remedy as available in law including approaching this Court subsequently, if occasion so arises. 3. Per contra, learned Additional SPP for respondent No.1 and learned counsel for respondent No.2 submits that if the petitioner co-operates with the investigation and respondent No.1 is directed to do custodial interrogation for a period of three consecutive dates from Monday i.e., 07.07.2025 between 10 a.m. to 6 p.m., the petition may be disposed of directing the respondent to release the petitioner subject to certain terms and conditions. 4. In view of the aforesaid facts and circumstances and joint submissions made by both sides, I deem it just and appropriate to dispose of this petition directing - 4 - HC-KAR NC: 2025:KHC:23961 WP No. 19075 of 2025 respondent No.1 to release the petitioner by issuing certain directions in this regard. 5. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) Respondent No.1 and concerned Jail Authorities shall release the petitioner forthwith, without any delay and immediately upon the receipt of copy of this order, subject to the following terms and conditions: a) The petitioner shall co-operate with the ongoing investigation. b) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses. c) Respondent No.1 is permitted to conduct custodial interrogation of the petitioner between - 5 - HC-KAR NC: 2025:KHC:23961 WP No. 19075 of 2025 10 a.m. to 6 p.m. on three consecutive days starting from 07.07.2025. d) Respondent No.1 shall not harass, intimidate or torture the petitioner under the guise/garb of custodial interrogation/interrogation. e) Petitioner shall not involve himself in any criminal activities. f) Registry is directed to communicate this order to respondent No.1 and the concerned Jail Authorities forthwith without any delay both electronically and telephonically. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 23