- 1 - HC-KAR NC: 2025:KHC:49474 CRL.P No. 4175 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4175 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI.SRIKANTH V S/O G. VISHWANATH AGED ABOUT 38 YEARS R/AT NO.16-17, 4TH MAIN, NEAR MAHABAZAR CHAMMUNDESHWARI LAYOUT, DODDABOMMASANDRA BENGALURU NORTH, VIDYARANYAPURA BENGALURU-560097 2. SRI. MANOJ @ MANU.V S/O VENKATESH. N AGED ABOUT 29 YEARS R/AT NO.132/73, NEAR ANJANEYA TEMPLE KAMALANAGARA, BENGALURU NORTH BENGALURU-560097 3. MADHU.K.V @ MADHUSUDAN S/O B. NARAYANASWAMY AGED ABOUT 29 YEARS R/AT KALLUR VILLAGE SUGATUR, KOLAR-563101 4. SRI. PRADEEP KUMAR.S S/O S. SHIVAKUMAR AGED ABOUT 25 YEARS R/AT NO. 157, 30TH MAIN ROAD Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49474 CRL.P No. 4175 of 2025 ANNAREDDY LAYOUT, PUTTENAHALLI BENGALURU-560078 5. SRI MANJAPPA BIDARAGADDI S/O BASAVARAJU AGED ABOUT 37 YEARS R/AT NO.17, KADAMANAHALLI POORNAGRAMA, GUNDENAHALLI HAVERI-581198 6. SMT. MAHESHWARI.H W/O KRISHNA DASA AGED ABOUT 32 YEARS R/AT NO.3, RANGANATHA NILAYA 4TH CROSS, NAGADEVANAHALLI NEAR BHRUTHAPPA TEMPLE BENGALURU VISHWAVIDYLAYA BENGALURU-560056 7. SRI. T VIJAYA S/O THYAGARA. R AGED ABOUT 33 YEARS R/AT NO. B-15, BHEL TOWN SHIP-A 19TH CROSS, OPP KASHI MATT MALLESHWARAM WEST BENGALURU-560003 …PETITIONERS (BY SRI. THYAGARAJA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS KONANAKUNTE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU 560 001 - 3 - HC-KAR NC: 2025:KHC:49474 CRL.P No. 4175 of 2025 2. SRI. SATHYAVELU P S/O LATE BALASUBRAMANYAM AGED ABOUT 31 YEARS RESIDING AT NO.61/62, S.R.G COMPLEX, 1ST FLOOR, JAMBUSAVARI DINNE MAIN ROAD B.K CIRCLE, J.P.NAGARA. 8TH STAGE, BENGALURU- 560 078 …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1) ------- THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS FILED BY THE 1ST RESPONDENT IN CC.NO.20867/2024 (IN CRIME NO.18/2024 REGISTERED BY THE 1ST RESPONDENT KONANAKUNTE POLICE STATION, BENGALURU) PENDING IN THE COURT OF 30TH ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU FOR THE OFFENCES P/U/S.506, 504, 149, 384 AND 448 OF IPC 1860 BY ALLOWING THIS PETITITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 4 - HC-KAR NC: 2025:KHC:49474 CRL.P No. 4175 of 2025 ORAL ORDER This petition is filed seeking to quash the entire proceedings in C.C.No.20867 of 2024 pending before the XXX Additional Chief Metropolitan Magistrate Court, Bengaluru. 2. Respondent No.2 set the law in motion by lodging a complaint with Konanakunte Police Station, in respect of an incident which took place on 11.01.2024 at M.S.Fitness Gym, No.61/62, S.R.J Complex, First Floor, Jambu Savari Dinne Main Road, B.K. Circle, J.P.Nagar, 8th phase, Bengaluru, based on which, Case in Crime No.18/2024 was registered against three named accused and others for the offence punishable under Sections 506, 504, 384, 448, 149 of IPC. 3. On completion of investigation, the Police have filed charge sheet against Accused Nos.1 to 7. 4. It is the case of prosecution that, due to some financial transaction between the Complainant and Accused No.1 and in order to recover money, Accused No.1 along with Accused No.2 to 7 trespassed into the Gym owned by the Complainant, on 11.01.2024 at about 01.00 p.m. and threatened CW.4 and - 5 - HC-KAR NC: 2025:KHC:49474 CRL.P No. 4175 of 2025 CW.5, working in the said Gym and forcibly took away the Gym equipments etc. 4. Charge sheet is filed on the basis of the statements of witnesses who were present in the Gym at the time of incident. Hence, the contention of the learned counsel that, the entire allegations are false and the petitioners are unnecessarily and falsely implicated to harass them etc. cannot be accepted. The learned HCGP has contended the Gym equipments are, in fact, seized during the course of investigation. While exercising jurisdiction vested under Section 528 of the BNSS 2023, this Court cannot conduct a mini trial. If there are no materials collected during investigation to array any of the petitioners as accused in the case, it is always open for them to seek discharge at the appropriate stage. Hence, reserving liberty to the petitioners to seek discharge, the petition is dismissed. In view of the dismissal of the petition, IA.1/2025 is also dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE rs/List No.: 1 Sl No.: 30