- 1 - HC-KAR NC: 2025:KHC:37226 CRL.P No. 10116 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10116 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: MANISH SHEKHAR AGED ABOUT 30 YEARS, S/O. RAKESH SINGH G-508/14, KAILASH VIHAR, AV-1 KALYANPUR, KANPUR, KANPUR, KANPUR NAGAR UTTAR PRADESH- 208 017 MISHRA HOUSE KRISHNA GARDENS, 1ST BLOCK, KORAMANGALA BENGALURU CITY, KARNATAKA- 560 034. (ADDRESS MENTIONED IN FIR) …PETITIONER (BY SRI. BHADRAVADI SIDDESWARA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY- KORAMANGALA PS, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE- 560 001. 2. MS. IVY SHARMA, DAUGHTER OF D K SHARMA, AGED ABOUT 28 YEARS, HSR SECTOR -07 ANUGARAHA, HSR LAYOUT, BENGALURU, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37226 CRL.P No. 10116 of 2025 BENGALURU CITY- 560 068. …RESPONDENTS (BY SRI. RAHUL RAI.K., HCGP) THIS CRL.P IS FILED U/S 528 BNSS, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.119/2025, FOR AN OFFENCE P/U/S. 74, 75 OF BNS, 2023, REGISTERED BY KORAMANGALA P.S., WHICH IS PENDING BEFORE THE 39TH ADDL. CMM, BANGALORE, AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner is before this Court seeking quashing of the criminal proceedings registered in Crime No.119 of 2025 for the offences punishable under Sections 74 and 75 of the Bharatiya Nyaya Sanhita, 2023, presently pending on the file of the learned 39th Additional Chief Metropolitan Magistrate, Bengaluru. The principal ground urged is that the allegations contained in the complaint and the materials now available do not, in any manner, attract the ingredients constituting the offences alleged, and therefore, the continuance of the proceedings would amount to abuse of process of law. - 3 - HC-KAR NC: 2025:KHC:37226 CRL.P No. 10116 of 2025 2. Learned counsel appearing for the petitioner, by drawing attention to certain photographs, contended that the petitioner and the second respondent were admittedly in a consensual relationship. It is further submitted that the second respondent, misusing the process of law, has instituted a false and frivolous prosecution with an oblique motive to harass the petitioner. Learned counsel would emphasize that the petitioner is a meritorious student, having completed his B.Tech from IIT Roorkee in the very first attempt with outstanding academic credentials, securing a CGPA of 9.75/10 in his very first semester while pursuing higher studies. It is thus urged that there is no foundation for the allegations, no such incident as narrated by the complainant has ever occurred, and therefore, permitting the investigation to proceed would cause serious prejudice to the petitioner’s academic and professional career. 3. On perusal of the written complaint lodged by the second respondent, however, it emerges that the - 4 - HC-KAR NC: 2025:KHC:37226 CRL.P No. 10116 of 2025 allegations are not confined to the parties merely having a voluntary relationship. The complainant has categorically asserted that she was subjected to physical assault and had to be admitted to the Emergency Ward of Manipal Hospital. The complaint, in addition, also makes reference to certain instances of sexual assault. When the complaint contains specific allegations of assault resulting in hospitalization, this Court cannot, at the threshold, embark upon a detailed examination of the veracity of such allegations. Whether the complaint is true, false, exaggerated, or motivated is a matter that falls within the realm of investigation. Thus, this Court is of the view that the investigation cannot be interdicted merely on the ground that the parties were in a consensual relationship. 4. Having regard to the nature of the allegations contained in the complaint, this Court is of the considered opinion that it would be premature to interfere with the investigation at this stage. It is trite law that where a complaint discloses commission of a cognizable offence, - 5 - HC-KAR NC: 2025:KHC:37226 CRL.P No. 10116 of 2025 the police are bound to investigate the matter and unearth the truth. This Court would not ordinarily exercise its inherent jurisdiction under Section 482 of the Code of Criminal Procedure to stifle such investigation. However, liberty is reserved to the petitioner to approach this Court at a later stage, if circumstances so warrant, more particularly after the filing of the final report/charge sheet by the investigating agency. 5. For the aforesaid reasons, the petition stands dismissed, reserving liberty to the petitioner as observed above. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE YN List No.: 1 Sl No.: 29