- 1 - HC-KAR NC: 2025:KHC:27091 CRL.P No. 5025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5025 OF 2025 BETWEEN: 1. NANDAN KUMAR A.V., S/O VENKATESH A.V., AGED ABOUT 35 YEARS, R/AT NO.12TH A MAIN ROAD, 6TH BLOCK, NGO QUATRES, RAJAJINAGAR, BENGALURU – 560 010. 2. MALLIKARJUNA SWAMY S, S/O SURESH, AGED ABOUT 35 YEARS, R/AT #93, 3RD CROSS, KSRTC LAYOUT, NEAR OXBRIDGE COLLEGE, MAHADESHAVARA NAGAR, 2ND STAGE, VISWANEEDAM, BENGALURU – 560 091. 3. LATHA D.K., C/O VENKATESH A.V., AGED ABOUT 55 YEARS R/AT # 83, 5TH CROSS, VEERABHADRESHWARA NAGARA, NEAR SAHANA INTERNATIONAL SCHOOL, Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27091 CRL.P No. 5025 of 2025 HEROHALLI, BENGALURU – 560 091. …PETITIONERS (BY SRI. KARTHIK KUMAR K., ADVOCATE) AND: 1. STATE BY MAGADI ROAD POLICE STATION, HIGH COURT BULDING, BENGALURU – 560 001. 2. REKHA D/O MALLAPPA, AGED ABOUT 33 YEARS, R/AT NO.01, 3RD CROSS, KANNUR AMMA LAYOUT. DEVINGAR, KODIGEHALLI, BENGALURU CITY – 560 092. …RESPONDENTS (BY SRI.K.NAGESHWARAPPA, HCGP FOR R1; SRI.MANJUNATH M., ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.48/2025 OF THE MAGADI ROAD POLICE ON THE FILE OF XXIV ACMM FOR THE ALLEGED OFFENCE P/U/S 115(2), 118(1), 119(1), 351(2), 352 R/W 3(5) OF BNS, IN RESPECT OF PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:27091 CRL.P No. 5025 of 2025 ORAL ORDER In this petition, the petitioner seeks the following reliefs: (i) call for the relevant records; QUASH theFIR in Crime No.48/2025 of the Magadi Road police on the file of XXIV ACMMfor the alleged offence under section 115(2), 118(1), 119(1),351(2),352, R/W 3(5) of BNS, In respect of petitioners. (ii) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 2. Heard the learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1 as well as learned counsel for respondent No.2. Perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2/defacto complainant filed impugned complaint registered as FIR in Crime No.48/2025 dated 13.03.2025 for the offences punishable under Sections 115(2), 118(1), 119(1), 351(2), - 4 - HC-KAR NC: 2025:KHC:27091 CRL.P No. 5025 of 2025 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 4. Learned counsel for the petitioners and learned counsel for respondent No.2 jointly invite my attention to the order dated 30.06.2025 passed by this Court, which reads as under: "Mr. K. Karthik Kumar, learned counsel for the petitioners seeks time on the ground that the arguing counsel is not available. Learned counsel for respondent No.2 submits that there is urgency in the matter. He would also submit that respondent No.1-Police authorities may be directed to recover the CCTV footage of the incident in question. Submission is placed on record. Without prejudice to the rights and contentions of the parties, respondent No.1-Police authorities are directed to recover the CCTV footage of the alleged incident said to have taken place on 27.10.2024 from the camera installed in the shop and submit the same to this Court on the next date of hearing. Re-list this matter on 14.07.2025. Interim order granted earlier is extended till the next date of hearing." - 5 - HC-KAR NC: 2025:KHC:27091 CRL.P No. 5025 of 2025 5. Learned counsel for the petitioners submits that respondent-Police Authorities may be directed to consider the said CCTV footage and complete investigation and the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to challenge to Final Report in accordance with law. 6. Learned counsel for respondent No.2 submits that in addition to the CCTV footage, there are other materials which are required to be investigated and respondent No.1-Police Authorities may be directed to complete investigation and file Final Report in accordance with law. 7. In view of the aforesaid facts and circumstances and submissions made by both sides, petition stands disposed of as withdrawn, directing Police Authorities to complete investigation by considering the CCTV footage installed in the shop and other CCTV footage as well as CCTV footage of the police station, where respondent No.2 gave complaint and also other materials collected during investigation and proceed further and file Final Report in accordance with law. - 6 - HC-KAR NC: 2025:KHC:27091 CRL.P No. 5025 of 2025 8. Liberty is reserved in favour of the petitioners to challenge the Final Report, if the occasion so arises including approaching the Court. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMJ List No.: 1 Sl No.: 43