- 1 - HC-KAR NC: 2025:KHC:43186 CRL.P No. 1229 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.1229 OF 2025 BETWEEN: 1. SMT.LAKSHMINARASAMMA @ NARASAMMA W/O. VENKATESHAPPA, AGED ABOUT 46 YEARS, R/AT SADALI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPUR -562 104. 2. SRI. VENKATESHAPPA, S/O. NARASAPPA, AGED ABOUT 52 YEARS, R/AT SADALI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPUR -562 104. …PETITIONERS (BY SRI. MUTHURAJU A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HALASURGATE POLICE STATION, REP. BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. THE REGISTRAR OF SMALL CAUSE COURT, CITY CIVIL COURT COMPLEX, BANGALORE - 560 009. REP. BY REGISTRAR SACHIN D. …RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDL.SPP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43186 CRL.P No. 1229 of 2025 THIS CRIMINAL PETITION IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.231/2024 DATED 13.09.2024 PENDING BEFORE THE VI ACMM BENGALURU FOR THE OFFENCE P/U/S 318(4), 319(2), 336(2), 336(3), 340(2), 3(5) OF THE BNS 2023 AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred to quash the FIR in Crime No.231/2024 registered against the petitioners for the offences punishable under Section 318(4), 319(2), 336(2), 336(3), 340(2) and Section 3(5) of BNS, 2023. 2. The law was set into motion by the Registrar, Court of Small Causes, Bengaluru. The complaint averments are as under: "One Sri. Manjunatha S V S/o. Venkateshappa, residing at Sadali, Shidlaghatta Taluk, Chikkaballapura District, being the petitioner had filed MVC No.4828/2018 claiming compensation for the injuries caused to him in the accident. The said case was allotted to the Small Cause Court Hall No. 7 and the same was disposed as per the judgment - 3 - HC-KAR NC: 2025:KHC:43186 CRL.P No. 1229 of 2025 dated 01.08.2019 wherein the petitioner awarded compensation and the court has directed to disburse 60% of compensation amount to the petitioner and also directed to deposit 40% of the compensation amount in the Fixed Deposit in any nationalized bank in the name of the petitioner for a period of three years. Accordingly, 40% amount awarded as compensation deposited in the name of the petitioner in Fixed Deposit at Karnataka Bank Ltd., City Civil Court Branch, Bengaluru. On 03.07.2024, one Smt. Lakshminarasamma @ Narasamma W/o. Venkateshappa, aged about 46 years and Venkateshappa S.N S/o. Narasappa, aged about 52 years, both are residing at Sadali, Shidlaghatta Taluk, Chikkaballapura District, being represented through advocate by name Sri P.L. Nanjundaswamy and Smt. Sumana S N filed application and got advanced the case. They have filed application under order 22 rule 1 and 2 of CPC and under section 5 of Limitation Act along with the copy of the EPIC cards and Aadhaar cards of them, Genealogical Tree and Death Certificate of Sri Manjunath S V and deposed in the affidavits annexed to the applications that, the petitioner of the aforesaid MVC No.4828/2018 is their son and he died on 21.04.2023. The above applications filed before the court have been allowed and court has directed - 4 - HC-KAR NC: 2025:KHC:43186 CRL.P No. 1229 of 2025 to amend the petition and accordingly, the amendment also carried out in the original claim petition. Thereafter, on 09.09.2024 and 10.09.2024 the petitioner in MVC No. 4828/2018 namely Manjunath S V and his counsel appeared and submitted that the Lakshminarasamma @ Narasamma and Venkateshappa S N are not his parents and they have filed false affidavit and mislead the court as the petitioner of the case was dead and they are the legal representatives. Based upon the same court has directed that in prima facie the acts of the Lakshminarasamma@ Narasamma and Venkateshappa S N constitute the offences and directed me to lodge the First Information relating to the same." 3. The contention of the learned counsel for petitioners that the entire averments in the complaint are false and petitioners are unnecessarily implicated in this case etc., cannot be accepted at this stage as the investigation is at its inception. At paragraph 14 of the petition, it is stated by the petitioners themselves that they are willing to fully co-operate with the ongoing - 5 - HC-KAR NC: 2025:KHC:43186 CRL.P No. 1229 of 2025 investigation and judicial proceedings. The allegations are serious in nature, which requires a thorough investigation by the concerned police. The Hon'ble Apex Court has time and again held that the statutory duty of the police to conduct the investigation, when there is a prima facie case made out, cannot be curtailed. Since the investigation is in progress, this Court is not inclined to interfere with the same. Petition does not merit consideration, accordingly, it is dismissed. I.A.No.1/2025 is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE SBN List No.: 1 Sl No.: 25