- 1 - HC-KAR NC: 2025:KHC-D:11244 CRL.P No. 103875 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103875 OF 2024 (482(Cr.PC)/528(BNSS) BETWEEN: SRI MANJUNATH BASAYYA SANGNALMATH AGED ABOUT: 53 YEARS, S/O SRI BASAYYA, RESIDING AT GOKUL ROAD, GANDHINAGAR MIG, 1/129, HUBBALI-DHARWAD CITY-580030 …PETITIONER (BY SMT. VIDYAVATI M KOTTURSHETTAR, ADVOCATE) AND: 1. STATE OF KARNATAKA GOKUL ROAD POLICE STATION, HUBLI NORTH SUB DIVISION, HUBBAL- DHARWAD, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. 2. SMT. SHAKUNTALADEVI SANGNALMATH W/O SRI BASAYYA SANGNALMATH, AGED ABOUT 76 YEARS, RESIDING AT GOKUL ROAD, GANDHINAGAR MIG 1/129, HUBBALI-DHARWAD CITY-580030. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R-1, SRI. SANTOSH NARGUND, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER ARISING OUT OF FIRST INFORMATION REPORT IN CRIME NO.0132/2024 BEFORE GOKUL POLICE STATION GOKUL ROAD FOR THE OFFENCES PUNISHABLE UNDER SECTION 115 (2), OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 REGISTERED BY THE RESPONDENT NO,.1 GOKUL POLICE STATION GOKUL ROAD IN SO FAR AS PETITIONER CONCERNED HEREIN ONLY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11244 CRL.P No. 103875 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 528 of BNSS r/w Section 482 Cr.P.C. with a prayer to quash the FIR in Crime No.132 of 2024 registered by Gokul Police Station, Hubli-Dharwad for offence punishable under Section 115(2) of BNS 2023. 2. Heard the learned counsel for the petitioner and learned HCGP for the respondent. 3. Learned counsel for the petitioner submits that FIR has been registered in the present case for non compoundable offence. There is no compliance of Section 174 of BNSS 2023 and therefore, the impugned proceedings cannot be sustained. 4. Learned HCGP and learned counsel appearing for the respondent who have opposed the petition however does not dispute that there is no compliance of Section - 3 - HC-KAR NC: 2025:KHC-D:11244 CRL.P No. 103875 of 2024 174(2) of BNSS 2023 in the present case. Section 174(2) of BNSS 2023, which is equivalent to Section 155(2) of Cr.P.C, reads as follows: “No police officer can investigate a non- cognizable case without the explicit order of a Magistrate who has the power to try or commit the case for trial” 5. Undisputedly, FIR has been registered in the present case for offence punishable under Section 115(2) of BNS 2023 which is non-cognizable offence. Therefore, compliance of Section 174(2) of BNS 2023 becomes mandatory. 6. Perusal of the FIR registered in the present case would prima facie would go to show that there is no compliance of Section 174(2) of BNSS 2023 in the present case and therefore the impugned criminal proceedings cannot be sustained. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC-D:11244 CRL.P No. 103875 of 2024 ORDER Criminal Petition is allowed. The entire proceedings in FIR No.132 of 2024 registered by Gokul Police Station, Hubli-Dharwad for offence punishable under Section 115(2) of BNS 2023 is hereby quashed as against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:GSM List No.: 1 Sl No.: 9