- 1 - HC-KAR NC: 2025:KHC:39580 CRL.P No. 10000 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10000 OF 2025 BETWEEN: JAYANDAR SHAHI AGED ABOUT 30 YEARS, NO.7, 1ST CROSS, ADARSH NAGAR, K H B ROAD, RT NAGAR, BANGALORE CITY - 560 032. …PETITIONER (BY SRI. SOMANNA K.P, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HEBBAL POLICE STATION, REPRESENTED BY SPP OFFICE, HIGH COURT OF KARNATAKA, BANGALORE - 560 024. 2. K.V. NARAYANASWAMY, S/O LATE VENKARAYAPPA, ATRIA INSTITUTE OF TECHNOLOGY, 1ST MAIN AGS COLONY, ANANDANAGAR, BANGALORE CITY, KARNATAKA - 560 024. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; NOTICE TO R2 IS DFERRED FOR TIME BEING VIDE ORDER DATED 28.08.2025) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39580 CRL.P No. 10000 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.228/2016 DTD 18.10.2016 PURSUANT TO COMPLAINT DATED 18.10.2016, ENTIRE CHARGE SHEET DTD 29.01.2017 AND ALL FURTHER PROCEEDINGS IN CC.NO.9367/2017 REGISTERED BY THE 1st RESPONDENT P.S., FOR THE OFFENCES P/U/S 143, 144, 341, 324, 342, 448, 504, 506 R/W 149 OF IPC, 1860, PENDING ON THE FILE OF THE VIII ACJM, BANGALORE CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Registration of FIR in Crime No. 228/2016 and consequent proceedings pending in C.C.No.9367/2017, on the file of the VIII ACJM, Bangalore City, is sought to be quashed in this petition preferred by Accused No. 1. 2. FIR is registered on the basis of a complaint lodged by one K.V. Narayanswamy, the Principal of Atria Institute of Technology, Bangalore alleging that accused Nos.1 to 3 named in the FIR and 5 to 6 others have trespassed into the college, used abusive language, locked - 3 - HC-KAR NC: 2025:KHC:39580 CRL.P No. 10000 of 2025 the main gates of the college, created disturbance and posed threat, etc., 3. As per complaint averments, on 18.10.2016, at around 7.45 a.m., the accused formed an unlawful assembly with an intention to disturb the peaceful functioning of the college and illegally entered the college and when the security people tried to stop them, they used abusive language, posed life threat to them, locked the main gates of the college, etc., 4. Petitioner is specifically named as an accused in the FIR. The contention of the learned counsel that the allegations are false and it is a created story etc., cannot be accepted at this stage. The police have filed the charge sheet having found materials against the accused named in the FIR. 5. It is pertinent to see that the charge sheet has been filed against the three accused, named in the FIR under Section 143, 144, 341, 348, 504, 506 read with - 4 - HC-KAR NC: 2025:KHC:39580 CRL.P No. 10000 of 2025 Section 34 of Indian Penal Code. The specific case of the prosecution, as per the charge sheet is that the said three accused have committed the offence. Hence, invocation of Section 143 and 144 of IPC in the charge sheet is not sustainable. It is stated that there is no material collected insofar as other accused are concerned. When no materials or evidence is collected regarding participation of more than five persons, it cannot be said that the accused Nos.1 to 3 against whom the charge sheet is filed were members of an unlawful assembly. In that view of the matter, invocation of Section 143 and 144 of IPC in the charge sheet is liable to be quashed. 6. Learned HCGP has contended that the accused have failed to appear before the trial Court, inspite of issuance of summons and NBW and therefore, proclamation has been ordered under Section 82 of Cr.P.C. and warrant of attachment is also issued. - 5 - HC-KAR NC: 2025:KHC:39580 CRL.P No. 10000 of 2025 7. It is open for the petitioner to seek recall of NBW. The petitioner is also at liberty to seek discharge before the trial Court insofar as other offences are concerned and if any such application is filed, the learned Magistrate shall dispose of the same in accordance with law. 6. Accordingly, the following: ORDER (a) Petition is allowed in part. (b) Section 143 and 144 of IPC invoked in the charge sheet filed in connection with Crime No.228/2016 of Hebbal Police Station, Bangalore, dated 29.01.2017 are hereby quashed. (c) The trial Court shall proceed with the matter in accordance with law. - 6 - HC-KAR NC: 2025:KHC:39580 CRL.P No. 10000 of 2025 (d) The petitioner is at liberty to appear before the trial Court and file necessary application seeking recalling of the NBW / attachment warrant. If any such application is filed, the same shall be considered in accordance with law. I.A.Nos.1/2025 and 2/2025 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE PSJ List No.: 1 Sl No.: 28 CT: BHK