- 1 - HC-KAR NC: 2025:KHC:25818 WP No. 20755 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20755 OF 2025 (GM-RES) BETWEEN: 1. SMT SAVITHA G WO GANESH M. AGED ABOUT 50 YEARS, R/AT NO. 16, 1ST CROSS, NEAR BBMP OFFICE, LAKSHMI NAGARA, BASAVESHWARANAGAR, BENGALURU – 560 079. 2. V. SRIDHAR MURTHY S/O M. VENKATESH MURTHY, AGED ABOUT 46 YEARS, R/AT NO. 48, SHARADA NIVASA, NEAR CANADIAN SCHOOL, MUDDAHANUMAYYA LAYOUT, BENGALURU – 562 123. …PETITIONERS (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVESHWARANAGAR P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. KUSUMA M. W/O LATE SUNIL TRAKRU, AGED ABOUT 50 YEARS, R/AT NO. 67, 3RD CROSS, KALIDASA LAYOUT, SRINAGARA, BENGALURU – 560 050. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1 SRI. K.V. MANOJ, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25818 WP No. 20755 of 2025 THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITION OF INDIA R/W SECTION 528 OF BNSS, PRAYING TOQUASH THE FIR AND COMPLAINT BOTH DTD 08.07.25 IN CRIME NO. 0266/2025 AT ANNEXURE A AND A1, REGISTERED BY RESPONDENT NO. 1 POLICE FOR OFFENCES PUNISHABLE UNDER SECTIONS 316, 318(4), 351, 352, AND 190 OF THE BHARATIYA NYAYA SANHITA, 2023 WHICH IS NOW PENDING BEFORE THE IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU, IN SO FAR AS THE PETITIONERS ABOVE-NAMED ARE CONCERNED 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 In this petition, petitioners seek for the following reliefs: “A. Quash the FIR and complainant both dated: 08.07.2025 in Crime No. 0266/2025 at Annexure-A and A1 , registered by Respondent No.1 Police for offences punishable under Sections 316, 318(4), 351, 352 and 190 of the Bharatiya Nyaya Sanhita, 2023 which is now pending before the IV Additional Chief Judicial Magistrate at Bengaluru, in so far as the Petitioners above-named are concerned. B. Declare the arrest of the Petitioner No.1 connection with Crime No.0266/2025 and the subsequent remand to police custody by the Hon’ble Principal City Civil and Sessions Judge at Bengaluru of the Petitioner No.1 at Annexure-B, as illegal and violative of Articles 21 and 22 of the Constitution of India; - 3 - HC-KAR NC: 2025:KHC:25818 WP No. 20755 of 2025 C. Pass such other order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioners, learned Additional SPP for respondent No.1, learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2-complainant filed the instant complaint which is registered as FIR in Crime No.266/2025 dated 08.07.2025 at 9.45 a.m. against petitioners/accused Nos.1 and 7 and other persons for the alleged offences punishable under Sections 316(2), 318(4), 351(2), 352, 190 of BNS 2023. In pursuance of the same, respondent No.1/Police Authorities issued notice dated 08.07.2025 under Section 35(3) of BNS to petitioner No.1. 4. The said notice reads as under: “ ¨sÁgÀwÃAiÀÄ £ÁUÀjÃPÀ ¸ÀÄgÀPÁë ¸ÀA»vÉAiÀÄ 35(3) £À ¥ÀæPÀgÀtzÀ ªÉÄÃgÉUÉ £ÉÆÃnøÀÄ F ªÀÄÆ®PÀ vÀªÀÄUÉ w½AiÀÄ¥Àr¸ÀĪÀÅzÉãÉAzÀgÉ, ¥ÀæPÀgÀtzÀ ¦gÁåzÀÄzÁgÀgÁzÀ ²æêÀÄw PÀĸÀĪÀÄ JA. PÉÆÃA ¯Éà ¸ÀĤïï nPÀÄæ, 50ªÀµÀð gÀªÀgÀÄ F ¢£À ¢£ÁAPÀ: 08/07/2025 gÀAzÀÄ oÁuÉUÉ ºÁdgÁV vÀªÀÄä£ÀÄß - 4 - HC-KAR NC: 2025:KHC:25818 WP No. 20755 of 2025 £ÀA©¹ MlÄÖ 95,00,000/- gÀÆ. ºÀtªÀ£ÀÄß ¥ÀqÉzÀÄPÉÆAqÀÄ ªÉÆøÀ ªÀiÁr CªÁZÀå ±À§ÝUÀ½AzÀ ¨ÉÊzÀÄ, fêÀ ¨ÉzÀjPÉ ºÁQgÀĪÀ §UÉÎ vÀªÀÄä ºÁUÀÆ ¸Àwñï, ªÀ°äPÁ zÀ±Àð£ï, ¯ÉÆÃPÉñï, ²æÃzsÀgï ºÁUÀÆ ¸ÀĤÃvï gÀªÀgÀÄUÀ¼À «gÀÄzÀÝ ¤ÃrgÀĪÀ zÀÆj£À ªÉÄÃgÉUÉ §¸ÀªÉñÀégÀ£ÀUÀgÀ ¥ÉÆð¸ï oÁuÁ ªÉÆ.¸ÀA.266/2025 PÀ®A 316(2), 318(4) ¸À»vÀ 190(@) ©J£ïJ¸ï jÃvÀå ¥ÀæPÀgÀt zÁR¯ÁVzÀÄÝ, vÀ¤SÉ PÉÊUÉÆArgÀÄvÀÛzÉ. ªÉÄîÌAqÀ ¥ÀæPÀgÀtzÀ°è ¤ÃªÀÅ J1 DgÉÆæAiÀiÁVzÀÄÝ, ªÉÄ®ÌAqÀ zÀÆj£À «µÀAiÀÄzÀ°è ¤ªÀÄä£ÀÄß «ZÁgÀuÉUÉ M¼À¥Àr¸À¨ÉÃPÁVgÀĪÀÅzÀjAzÀ, vÁªÀÅ F PÀÆqÀ¯Éà F PɼÀUÉ ¸À» ªÀiÁrgÀĪÀ ¥ÀæPÀgÀtzÀ vÀ¤SÁ¢üPÁjAiÀiÁzÀ £À£Àß ªÀÄÄAzÉ ºÁdgÁUÀ®Ä ¸ÀÆa¹zÉ. F £ÉÆÃnøï£ÉÆA¢UÉ ¥ÀæPÀgÀtzÀ ¥Àæ.ªÀ.ªÀgÀ¢ ºÁUÀÆ zÀÆj£À ¥ÀæwAiÀÄ£ÀÄß ®UÀwÛ¹zÉ.” 5. As can be seen from the aforesaid notice issued under Section 35(3) of BNS calls upon petitioner No.1/accused No.1 to appear before respondent No.1 on the very same day even without specifying the time for her appearance. Interestingly on the very same day i.e., 08.07.2025 at 4.30 p.m. the petitioner No.1 was arrested as alleged in the remand application filed by respondent No.1. 6. A perusal of the Notice under Section 35(3) of BNS, 2023 and other material on record is sufficient to come to the conclusion that pursuant to issuing the aforesaid notice under - 5 - HC-KAR NC: 2025:KHC:25818 WP No. 20755 of 2025 Section 35(3) of BNS, respondent No.1 would not be entitled to cause the arrest of the petitioner without following procedure prescribed under Section 35(3), (4), (5) and (6) of BNS Act, 2023. 7. In this context, learned Additional SPP on instructions would fairly submit that in the first instance, there was no necessity for respondent No.1 to even issue the notice under Section 35(3) of BNS Act and having issued the said notice, it was necessary that respondent No.1 ought to have specified the specific time for appearance and also provided sufficient and reasonable time for the petitioner to appear and comply with the said notice as held by the Hon’ble Apex Court in the cases of Arnesh Kumar vs. State of Bihar – (2014) 8 SCC 273, Satender Kumar Antil vs. CBI – (2022) 10 SCC 51 and Sri Tavaragi Rajashekhar Shiva Prasad Vs. The State of Karnataka and Ors – W.P.No.15125/2024 dated 19.07.2024. Learned Additional SPP also submits that in view of the aforesaid lacunae and arrest of the petitioner within six hours of registration of FIR, the impugned arrest of petitioner No.1 may be set aside. 8. In view of the aforesaid facts and circumstances of the case and submissions made by learned Additional SPP, I am of the considered opinion that the impugned arrest of petitioner No.1 by - 6 - HC-KAR NC: 2025:KHC:25818 WP No. 20755 of 2025 respondent No.1 – Police Authorities is illegal and contrary to law and especially the provisions contained in Section 35(3), (4), (5) and (6) of BNS, 2023 and the judgments referred to supra and hence, the impugned arrest of petitioner No.1/accused No.1 deserves to be quashed. 9. Insofar as the challenge to the impugned FIR by petitioner No.1/accused No.1 and petitioner No.2/accused No.7 is concerned, this Court passed the following interim order qua petitioner No.2/accused No.7 on 11.07.2025, which reads as under: “Heard. Learned Addl. SPP accepts notice for respondent No.1. Sri. K.V. Manoj, learned counsel is directed to accept notice for respondent No.2. Copies to be served. In the meanwhile, respondent No.1 shall not take any precipitative / coercive steps against the petitioner No.2 – accused No.7 nor arrest him, till the next date of hearing subject to petitioner No.2 – accused No.7 co- operating with the investigation, which shall be conducted by respondent No.1, strictly in accordance with law. - 7 - HC-KAR NC: 2025:KHC:25818 WP No. 20755 of 2025 Liberty is reserved in favour of respondents to seek vacation / modification of this order. Re-list on 14.07.2025 at 02.30 P.M.” 10. Learned counsel for the petitioners submits that in addition to the petitioner No.1 being directed to be released as stated supra, interim protection granted in favour of the petitioner No.2/accused No.7 may be extended in favour of petitioner No.1/accused No.1 for a further period of ten days from today for both the petitioners since both the petitioners intend to file application seeking bail/anticipatory bail before the Trial Court, which may be directed to be considered and may dispose of the said application(s) within a stipulated time frame. 11. In view of the aforesaid facts and circumstances, I deem it just and appropriate to partly allow the present petition to the limited/restricted extent of quashing the impugned arrest of petitioner No.1/accused No.1 and by issuing certain directions in this regard. 12. In the result, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC:25818 WP No. 20755 of 2025 ORDER i) The petition is hereby partly allowed. ii) The impugned arrest of the petitioner No.1/accused No.1 on 08.07.2025 pursuant to Crime No.266/2025 is hereby quashed. iii) Liberty is reserved in favour of both petitioners to file the application for bail/anticipatory bail which shall be considered by the Trial Court which shall pass appropriate orders on the said application(s) to be filed by the petitioners within a period of one week from the date of petitioners filing the applications. iv) Respondent No.1 – Police Authorities are directed not to take precipitative/coercive steps against the petitioners nor arrest them for a period of ten days from today subject to both the petitioners co-operating with the investigation which is being conducted by respondent No.1- Police Authorities. v) Liberty is reserved in favour of petitioners to file fresh petition and also take recourse to such other remedies as available in law and including approaching this Court, subsequently, if occasion so arises. - 9 - HC-KAR NC: 2025:KHC:25818 WP No. 20755 of 2025 Registry is directed to communicate this order to the 1st respondent - Police as well as the Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 11 Sl No.: 12