- 1 - HC-KAR NC: 2025:KHC:30506 WP No. 2979 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2979 OF 2025 (GM-RES) BETWEEN: SRI. K. SATHISH AGED ABOUT 19 YEARS S/O KOLA RAJU R/AT DOOR NO.550 7TH CROSS JAGAN BUILDING KONAPPANA AGRAHARA MAIN ROAD GOVINDA SHETTY PALYA BENGALURU - 560 100. AND ALSO AT DOOR NO 1-40 ANIMIGAANIPALLI KUPPAM - 517425 CHITTOOR DISTRICT ANDHRA PRADESH. …PETITIONER (BY SRI: HARINATH M.S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BY PULAKESHI NAGAR POLICE BENGALURU. REP. BY ITS SPP HIGH COURT OF KARNATAKA BANGALORE CITY - 560 001. 2. SRI. KRISHNAPPA AGED ABOUT 43 YEARS S/O CHINNAPPA R/AT C-BLOCK NO.27 LAZER ROAD QUARTERS Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30506 WP No. 2979 of 2025 PULIKESHI NAGAR BENGALURU - 560 005. …RESPONDENTS (BY SRI: RAHUL RAI, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF B.N.S.S. PRAYING TO CALL FOR THE RECORDS IN CRIME NO.349/2024 PENDING ON THE FILE OF THE XTH A.C.M.M. MAYOHALL, AT BENGALURU; AND CONSEQUENTLY QUASH THE FIR IN CRIME NO.349/2024 AS WELL AS THE COMPLAINT DATED 14-10-2024 WHICH ARE AT ANNEXURES A AND B RESPECTIVELY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This captioned petition is filed by the petitioner seeking quashing of the proceedings pending in Crime No.349 of 2024 on the file of the learned X ACMM, Mayohall, Bengaluru. 2. The brief factual background leading to the present petition is as follows: The daughter of the second respondent–complainant, one Kumari Varsha K, aged about 15 years, was reported missing on 14.10.2024 at around 5:50 p.m. Despite making - 3 - HC-KAR NC: 2025:KHC:30506 WP No. 2979 of 2025 earnest efforts to trace her, the second respondent was unable to find her whereabouts, which constrained him to lodge a complaint at the jurisdictional Police Station. Based on the said complaint, a case was registered against an unknown person and investigation was set into motion by the Investigating Agency. The records further disclose that, during the course of investigation, the jurisdictional Magistrate recorded the statement of the victim under the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), after she was traced. 3. The petitioner herein, whose earlier application for bail came to be rejected, has now approached this Court by way of the present petition under Section 482 of the Code of Criminal Procedure (as substituted under BNSS, 2023), seeking quashing of the proceedings in Crime No.349 of 2024. The thrust of the petitioner’s case is that he has been falsely implicated, and that there is no material on record which could have legitimately led to the registration of the case against him. - 4 - HC-KAR NC: 2025:KHC:30506 WP No. 2979 of 2025 4. The principal contention urged on behalf of the petitioner is that the initial registration of the crime ought to have been confined to a “missing complaint” and not for the offence of kidnapping. It is further contended that the complainant himself did not suspect any person in the FIR, and no specific details were furnished in the complaint implicating any individual. The fact that the minor daughter has since returned home is also pressed into service to argue that continuation of proceedings in Crime No.349 of 2024 would be nothing but an abuse of the process of law. The petitioner’s counsel, reiterating these grounds, earnestly prays that this Court exercise its inherent powers to quash the proceedings at the threshold. 5. Per contra, the learned High Court Government Pleader, while opposing the petition, submits that the FIR discloses a cognizable offence and that the statement of the victim has already been recorded before the Magistrate under Section 183 of BNSS, 2023. It is contended that the allegations in the complaint and the subsequent statement of the victim necessitate a thorough enquiry, including the possibility of - 5 - HC-KAR NC: 2025:KHC:30506 WP No. 2979 of 2025 offences under the Protection of Children from Sexual Offences Act, 2012(POCSO Act). At this stage, when the investigation is still in progress and the petitioner’s bail application has already been rejected, it is argued that no interference is warranted by this Court. 6. Upon perusal of the complaint and the accompanying records, it emerges that the second respondent’s minor daughter, aged 15 years, had indeed gone missing on the date and time mentioned above, which led to the registration of Crime No.349 of 2024. 7. On a careful examination of the material produced by the petitioner, this Court is of the view that the investigation is at a nascent stage and the Investigating Officer must be allowed to complete the probe. The collection of the medical certificate of the victim, examination of her version in detail, and determination of whether the facts disclose ingredients of offences under the POCSO Act are all matters that squarely fall within the domain of the Investigating Officer. Given that the victim is a minor and her disappearance is a matter of grave - 6 - HC-KAR NC: 2025:KHC:30506 WP No. 2979 of 2025 concern, a comprehensive and meticulous investigation is imperative. 8. In view of the foregoing discussion, this Court is of the considered opinion that no case is made out for quashing the proceedings at this stage. The petition, being devoid of merit, is liable to be dismissed. ORDER The Writ Petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 10