- 1 - HC-KAR NC: 2025:KHC:19525 CRL.P No. 11330 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11330 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRINIVAS A., S/O ANANTHARAJU, AGED ABOUT 50 YEARS, R/AT NO 419/2, SRI GAYATHRI KRUPE, SRINIDHI NILAYA, 3RD STAGE, YELAHANKA NEW TOWN, OPPOSITE TO NETAJI PARK, VTC, BENGALURU – 560 064 …PETITIONER (BY SRI. K B K SWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY GOVINDAPURA POLICE STATION, BENGALURU, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001 2. B. L. NARAYANASWAMY, S/O LATE B. LAKSHMINARAYAN GOWDA, AGED ABOUT 65 YEARS, R/AT NO. 885, 1ST “A” CROSS, 1ST STAGE, INDIRANAGARA, B M KAVAL EXTENSION, BENGALURU – 560 038 …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 – SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO. 258/2024, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19525 CRL.P No. 11330 of 2024 REGISTERED BY THE RESPONDENT NO.1, GOVINDAPURA POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 504, 506 OF IPC AND SECTION 27 OF ARMS ACT PENDING ON THE FILE OF HON’BLE XI ADDL. CHIEF JUDICIAL MAGISTRATE COURT, MAYOHALL AT BENGALURU AND CONSEQUENTLY, PASS SUCH OTHER ORDERS. THIS PETITION, COMING ON FOR ADMISSION, 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: “Wherefore, it is mostly humbly prayed that this Hon’ble Court be pleased to quash the FIR in Crime No.258/2024, registered by the respondent No.1- Govindapura Police Station for the offences punishable under Section 420, 504, 506 of IPC and Section 27 of Arms Act pending on the file of Hon’ble XI Additional Chief Judicial Magistrate Court, Mayohall at Bengaluru and consequently, pass such other orders as deem fit in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:19525 CRL.P No. 11330 of 2024 3. Respondent No.2 having been served with the notice of the petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that respondent No.2 - complainant lodged the impugned complaint on 25.07.2024 interalia alleging that on 28.06.2024, the petitioner- accused had threatened respondent No.2 by pointing the subject revolver to the forehead of respondent No.2. In pursuance of the aforesaid complaint dated 25.07.2024 in relation to the incident dated 28.06.2024, respondent No.1 – Police Authorities registered the impugned FIR in Crime No.258/2024 for the offences punishable under Sections 420, 504 and 506 of IPC read with Section 27 of the Arms Act, 1959. 5. In this context, it is relevant to state that the details of the said revolver/pistol are as under: “MAzÀÄ PÀ¥ÀÄà §tÚzÀ ¦¸ÀÆÛ¯ï 0.32MK-II, Pistol No:229123980” 6. It is pertinent to note that though the incident is alleged to have taken place on 28.06.2024, respondent No.2 – - 4 - HC-KAR NC: 2025:KHC:19525 CRL.P No. 11330 of 2024 Defacto complainant files the complaint only subsequently on 25.07.2024 after almost one month from the date of alleged incident. In this context, it is pertinent to note that prior to the alleged incident involving the aforesaid subject revolver/pistol, the petitioner had surrendered the same to the jurisdictional Police Authorities on 25.04.2024 as can be seen from the acknowledgment/receipt dated 25.04.2024, which contains the details of the subject revolver/pistol. However, the said revolver is claimed by the petitioner only on 08.07.2024 after completion of Lok-Sabha election and subsequent to the alleged incident, which is alleged to have taken place on 28.06.2024. 7. Under these circumstances, it is highly improbable to say that the said revolver was used by the petitioner/accused for committing the alleged offence on 28.06.2024 in the light of the material on record, which indicates that the petitioner had surrendered the said revolver/pistol on 25.04.2024 and reclaimed it only on 08.07.2024, which is after the alleged incident dated 28.06.2024 is said to have been taken place. It is also pertinent to note that the vague, bald and omnibus allegations in the complaint, charge sheet material, statement of witnesses, documents, etc., - 5 - HC-KAR NC: 2025:KHC:19525 CRL.P No. 11330 of 2024 indicate that necessary ingredients are absent so as to disclose the commission of alleged offences coupled with the fact the unexplained delay of one month till registration of FIR, cumulative effect of which clearly indicate that continuation of impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition. 8. In the result, I proceed to pass the following; ORDER i) The petition is hereby allowed. ii) The impugned proceedings in Crime No.258/2024 registered by Govindapura Police Station on the file of the XI Additional Chief Judicial Magistrate Court, Mayohall, Bengaluru insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 28