- 1 - NC: 2025:KHC:15371 CRL.P No. 13704 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 13704 OF 2024 BETWEEN: MR. HARISH B.R, S/O RAMACHANDRA R, AGED ABOUT 43 YEARS, RESIDING AT NO. 11/2, 1ST FLOOR, HSR LAYOUT, SECTOR 3, BEGUR HOBLI, HSR LAYOUT, BANGALORE - 560 102. …PETITIONER (BY SRI. AFROZ PASHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION, REP. BY THE HCGP, HIGH COURT OF KARNATAKA, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. RAVI S S/O SHANKARAPPA AGED ABOUT 34 YEARS RESIDING AT NO. 104/2, 8TH CROSS, AMBEDKAR STATUE, YELLUKUNTE, 3RD SECTOR, HSR LAYOUT, BENGALURU - 560 102. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. N. NANDAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.448/2024 FOR THE OFFENCE P/U/S 109(1), 126(2), 3(5) OF BNS, 2023 REGISTERED BY THE RESPONDENT I.E. HSR LAYOUT POLICE STATION, PENDING ON THE FILE OF THE 39T ADDL. CMM AT BANGALORE. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15371 CRL.P No. 13704 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused No.3 challenges the registration of the FIR for the offences punishable under Sections 109(1), 126(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The 2nd respondent lodged the First Information Report stating that on 29.11.2024, accused No.1 called him on his mobile phone and directed him to come near the Ambedkar statue. Upon the 2nd respondent’s arrival at the said location, accused No.1 allegedly confronted him, stating that the complainant had filed cases against accused No.3 and others. When the 2nd respondent questioned the motives of accused No.1, he was allegedly assaulted by accused No.1 with a deadly weapon with an intent to commit murder. As a result of the assault, the 2nd respondent sustained grievous injuries. 3. The petitioner has been arraigned as accused No.3 solely on the ground that he, along with accused Nos.2 and 4, had allegedly informed accused No.1 about the cases filed by the 2nd respondent against them. 4. Heard the learned counsel for the parties. 5. A perusal of the complaint reveals that there is no allegation that accused No.3 had instigated accused No.1 to assault the 2nd respondent. The petitioner has been implicated - 3 - NC: 2025:KHC:15371 CRL.P No. 13704 of 2024 merely on the basis that accused No.1 had taken his name during the incident. 6. In the absence of any direct or indirect evidence indicating instigation by accused No.3, the registration of the FIR against the petitioner is not legally sustainable. The continuation of investigation in such circumstances would amount to an abuse of the process of law. ORDER i. Accordingly, petition is allowed. ii. The impugned First Information Report in crime No.448/2024 registered by HSR Layout Police Station insofar it relates to accused No.3 is hereby quashed. It is made clear, in the event during the course of investigation if there is a prima facie evidence that the assault was made with accused No.1 at the instigation of accused No.3 the Investigation Officer to take an appropriate action in accordance with law. iii. Pending I.A's does not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 18 CT: BHK