- 1 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 18451 OF 2021 (GM-RES) BETWEEN: 1. SRI MANJUNATH G S/O LATE GOVINDARAJU AGED 53 YEARS R/AT NO.32, 8TH CROSS, 8TH MAIN NEAR RAGHAVENDRA TEMPLE SHARADAMBA NAGAR BANGALORE - 560 013 2. SRI RAJKUMAR S S/O SRIRAMAIAH M C AGED 53 YEARS R/A E-131, MAGADI MAIN ROAD NEAR BBMP OFFICE, APPANNAPPA LAYOUT HEROHALLI, VISWANEEDAM BANGALORE - 560 091 …PETITIONERS (BY SRI.P.PRASANNA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CITY RAILWAY POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 2. T HOPSON SPECIAL INSPECTOR SPECIAL WING, RAILWAY PROTECTION FORCE BANGALORE DIVISION, SOUTH WESTERN RAILWAY BANGALORE CENTRAL RAILWAY STATION BANGALORE - 560 001 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.H.MALLAN GOUD, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIRST INFORMATION REPORT IN CRIME NO.0111/2019 REGISTERED BY THE R1 POLICE, BANGALORE CITY RAILWAY POLICE, BANGALORE FOR OFFENCES PUNISHABLE UNDER SECTION 353, 120B, 177 R/W SECTION 34 IPC PENDING BEFORE THE HONBLE IV ACMM COURT, BENGALURU VIDE ANNEXURE-B AS AGAINST THE PETITIONERS AND ETC., THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER This petition filed under Articles 226 and 227 of Constitution of India r/w Section 482 Cr.P.C, is by the accused Nos.1 and 2, with a prayer to quash the criminal proceedings initiated against them in Cr.No.111/2019 City Railway PS, for the offence punishable under Sections 353, 120-B, 177 r/w Section 34 IPC. - 3 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 2. In support of the petition, the petitioners have contended that the allegations made against them are baseless, illegal and liable to be quashed. Without any application of mind, the concerned police have initiated criminal proceedings and as such they are not tenable. There is no cogent and reliable material to connect the petitioners with the alleged crime. 2.1 The petitioners were transferred to Hubballi by the orders of the Senior Divisional Security Commission, RPF/SBC vide order dated 29.03.2019. In addition to petitioners several RPF personnel were transferred, in defiance to the transfer guidelines issued by the Ministry of Railways dated 28.12.2017. The transfer of petitioners out of Bengaluru Zone is without following the guidelines and due to some personal enmity and bias of DG/RPF against petitioners and few others. In order to seek justice against arbitrary transfer violating prevailing guidelines, the petitioners and several other RPF employees have filed writ petitions. They are still pending. - 4 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 2.2 Therefore, the officials of the Railway Department upon presumption that petitioners have instigated other employees have filed the impugned complaint. There is inordinate delay in filing the complaint and the same is utilized to concoct allegations against the petitioners. Even after 2 years, final report is not filed and petitioners are subjected to harassment as they are under suspension without pay. The complaint is filed based on statement of one Kiran, news reporter who is coerced to give the statement. Due to pressure exerted by the Department, case is registered against the petitioners. Continuation of the criminal proceedings would amount to abuse of the process of the Court and hence, the petition. 3. Respondent No.2 has filed statement of objections stating that during 2019 also, petitioners filed Crl.P.No.5926/2019 and it came to be dismissed as not pressed without reserving liberty. Therefore the present petition is not maintainable. Since 2019, the investigation is stalled. The very pleadings in the petition indicate that - 5 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 petitioners had motive to commit the alleged offences. Since they were opposing the strict implementation of the Rule by the Commissioner, they acted prejudicial to his interest and gave information to the TV reporter that hand granides were planted by the officers of the 2nd respondent by switching off the CC camera, to defame and undermine the authority of respondent No.2 in the public eye and also to create chaos among the public and to disturb the very foundation of the functions of the 2nd respondent Department. 3.1 On 31.05.2019, a news was telecasted in TV-18 Kannada news channel alleging that a granide was found on the platform of KSR/Central Railway station and that it was kept by the officials of the 2nd respondent by switching off the CC TV cameras and created nuisance and chaos panicking the public. On the request of office of the 2nd respondent, the said news item was taken off as false and fabricated. On enquiry, respondent No.2 came to know that the said news was furnished by reporter Kiran - 6 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 K.N. On 07.06.2019, respondent No.2 made enquiry with said Kiran K.N and he revealed the names of petitioners as the persons who gave him the said information. Respondent No.2 has recorded and stored this information through digital process and a pen drive of the said recording was also furnished to respondent No.1 police along with the complaint. Accordingly, case is registered in Cr.No.111/2019 against the petitioners for the offences punishable under Sections 353, 120-B, 177 r/w Section 34 IPC. 3.2 Petitioners have filed this petition based on 164 statement which is a confidential record. At this stage, the same cannot be considered. The allegations made against petitioners are serious. A thorough investigation is necessary and in a petition under Section 482 Cr.P.C disputed facts cannot be decided and pray to dismiss the petition. - 7 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 4. Heard arguments and perused the record. 5. When the complaint was filed, petitioners were working as Head constables in SBC Post, Bengaluru. They were under an order of transfer to Hubballi. A complaint came to be filed against them by respondent No.2 alleging that on 31.05.2019, a news items was run on TV-18 Kannada News channel, in which some RPF staff were falsely and maliciously blamed without any iota of truth and basis, alleging that they might have hand in switching of CCTVs at KSR, SBC station and placing a hand grenade. DCS/RPF/Bengaluru Division advise the Editor in Chief of the said channel in writing as well as on phone to take of the news, as it may tarnish the image of uniformed staff. It was immediately stopped. 5.1 However on 07.06.2019, a reporter by name Kiran K.N, responsible for collecting and telecasting such false news disclose that petitioners are responsible for spreading such false news to take revenge against DSC/RPF, Bengaluru, since she is very strict towards - 8 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 implementation of discipline during the last 3 months. Due to willful spreading of fabricated news tarnishing the image and affecting the morale of the force, the passenger security may be heavily affected and this is nothing but an obstruction to duty by the force by criminal conspiracy and giving false information. They have knowingly made false, misleading news and willfully violated the Rules, indulging in intimidating and coercive act, which requires necessary action. Accordingly, the Special Inspector/Special Wing/RPF, Bengaluru Division/ SWR filed complaint. On the basis of it, investigation is taken up. 6. It is relevant to note that the Senior Divisional Security Commissioner, RPF/SBC had taken charge about 3 months prior to the filing of the complaint and according to both parties, she was very strict and had effected transfers to all those officials who were long standing in the same post. According to them both petitioners were working in Bengaluru since 25 years and on their being transferred to Hubballi, they were aggrieved and in order - 9 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 to defame the Senior Divisional Security Commissioner, RPF/SBC, they spread the false news. Even according to the petitioners also, they were aggrieved by the fact that they were transferred out of Bengaluru Zone without following the guidelines and many of the staff were aggrieved by their transfers and expressed their displeasure and they have also filed writ petitions challenging their transfers. Petitioners have alleged that because of this reason they have been falsely implicated. 7. Motive is a double edged weapon and it requires a thorough investigation as to whether petitioners spread false information to defame Senior Divisional Security Commissioner, RPF/SBC or they are being targeted by the Senior Divisional Security Commissioner, RPF/SBC for protesting against their transfer. 8. The petitioners are relying upon statement under Section 164 Cr.P.C given by Kiran K.N, before the Judicial Magistrate alleging that he was forced to give such - 10 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 statement implicating the petitioners. A statement under Section 164 Cr.P.C is to be taken into consideration at the stage of evidence. In fact, in the complaint it is stated that when the said Kiran was questioned about the information collected by him it was video graphed and copy of it was furnished with the complaint. Therefore, at this stage of considering petition under Section 482 Cr.P.C, findings cannot be given on disputed facts. 9. During the course of arguments, learned counsel for petitioners submitted that, since offence under Section 177 of IPC is also pressed into service, in the light of prohibition contained in Section 195 Cr.P.C, the Court cannot take cognizance for the said offence, except on a complaint filed under Section 200 Cr.P.C, by the public servant and in the present case, no such complaint is filed. It is pertinent to note that Section 177 of IPC, which relates to furnishing false information to a public servant, by a person who is legally bound to furnish such information, which he knows or has reason to believe to - 11 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 be false. In the present case, the petitioners were not bound to furnish any information and the information allegedly furnished by them is not to a public servant. Therefore, this Section is not attracted. It appears as a precautionary measure, the concerned police have added it and they may delete it while filing charge sheet. In the event of filing the charge sheet including the said offence, the petitioners may draw the attention of the Court not to frame charge on that. 10. It is also relevant to note that earlier petitioners filed Crl.P.No.5926/2019 and no interim order was granted. It appears since they could not get an interim order, they got it dismissed as withdrawn on 15.03.2021, reserving liberty to challenge the charge sheet that would be filed with better plea and documents. Though they have reserved liberty to challenge the charge sheet, once again, they have filed this petition challenging the proceedings at the crime stage itself and secured interim order. In fact while dismissing Crl.P.No.5926/2019, no - 12 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 liberty was reserved for them to file fresh petition, either at the crime stage or charge sheet. The matter is of the year 2019 and on account of stay, there is no progress in the investigation. The allegations made against petitioners not only involve the reputation of Senior Divisional Security Commissioner, RPF/SBC who was heading the security division, but also the public perception of safety of the railways. 11. The allegations requires a detailed investigation. If ultimately, it is found that petitioners are not guilty of the allegations made the investigating officer may file 'B' report. Without providing opportunity to the investigating officer to investigate the matter, proceedings cannot be quashed and therefore the petition is liable to be dismissed and accordingly, the following: ORDER Writ Petition filed by the petitioners/accused Nos.1 and 2 under Articles 226 and 227 of the - 13 - HC-KAR NC: 2025:KHC:38012 WP No. 18451 of 2021 Constitution of India r/w Section 482 Cr.P.C is hereby rejected. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 33