- 1 - HC-KAR NC: 2025:KHC:22694 CRL.P No. 11974 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11974 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRINIVAS SHEETY S/O SANJEEVA SHETTY, AGED ABOUT 50 YEARS, R/O. MELINAPETE, KOPPA CHIKKAMAHGALURU AND DISTRICT – 577 101 …PETITIONER (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KOPPA POLICE STATION, KOPPA TALUK, CHIKKAMAGALURU DISTRICT – 577 101 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001 2. POLICE SUB INSPECTOR BY KOPPA POLICE STATION, KOPPA, CHIKKAMAGALURU DISTRICT – 577 101 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR RESPONDENTS) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR FILED AGAINST PETITIONER IN CRIME NO. 0061/2024 BY THE KOPPA POLICE STATION, CHIKKAMGALURU DIST., FOR THE OFFENCE PUNISHABLE UNDER SECTION 25, 3 OF ARMS ACT 1959, AND SECTION 125(A) OF BNS ACT, AS PER ANNEXURE-A, PENDING ON Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22694 CRL.P No. 11974 of 2024 THE FILE OF CIVIL JUDGE AND JMFC COURT, AT KOPPA CHIKKAMAGALURU DIST. 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: “a. To quash the FIR filed against petitioner in Crime No.61/2024 by the Koppa Police Station, Chikkamagaluru District, for the offence punishable under Sections 25, 3 of Arms Act, 1959 and Section 125(a) of BNS Act as per Annexure-A, pending on the file of Civil Judge and JMFC Court, at Koppa, Chikkamagaluru District, in the interest of justice and equity. b. Grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned HCGP for respondents and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2 lodged the impugned complaint dated 12.10.2024 registered as FIR in Crime No.16/2024 against the petitioner for the - 3 - HC-KAR NC: 2025:KHC:22694 CRL.P No. 11974 of 2024 offences punishable under Sections 3 and 25 of Arms Act and Section 125(a) of BNS. 4. In this context, a perusal of the impugned complaint and FIR and other material on record will indicate that the alleged weapon/gun was not seized from the petitioner nor there is anything to show that the petitioner is the owner of the said gun/revolver. It is relevant to state that there are no material to show that the said revolver was used by the petitioner and that the gun belong to petitioner/accused No.2 while there is nothing to establish that the petitioner/accused No.2 was guilty of the alleged offences. 5. Under these circumstances, the cumulative effect of the material on record comprising of FIR and other material on record is sufficient to come to the conclusion that the petitioner cannot be incriminated for the alleged offence warranting interference of this Court in the present petition. 6. Accordingly, I proceed to pass the following: ORDER i) The petition is hereby allowed. - 4 - HC-KAR NC: 2025:KHC:22694 CRL.P No. 11974 of 2024 ii) The proceedings in Crime No.61/2024 registered by Koppa Police Station, Chikkamagaluru District for the offence punishable under Sections 3 and 25 of Arms Act, 1959 and Section 125(a) of BNS on the file of the Civil Judge and JMFC Court, Koppa, Chikkamagaluru District, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 24