Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 82430 (KAR)

MOHANDAS SHETTY v. STATE OF KARNATAKA

CRL.P/11029/2025 · 2025-11-28

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49732 CRL.P No. 11029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11029 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: MOHANDAS SHETTY S/O. MAHABALA SHETTY, AGE 61 YEARS, R/AT. NO. 2/387, VARAHI ROAD, SIDDAPURA POST, KUNDAPURA TALUK- 576 229, UDUPI DISTRICT. …PETITIONER (BY SRI. SANDESH SHETTY T, ADVOCATE) AND STATE OF KARNATAKA REPRESENTED BY THE. SUDDANAKUNTE PALYA POLICE STATION, BENGALURU - 560 029. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU. (AT PRESENT CCB POLICE, SHANTHINAGAR, BENGALURU.) …RESPONDENT (BY SRI. JAGADHEESHA BN, ADDL. SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49732 CRL.P No. 11029 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE POLICE NOTICE DATED 02.07.2025 AND 18.07.2025 IN CCB/SC/ST PALYA/POTA/MO.SUM.AND CCB/S.E/SG PALYA/ POTA/MP/SUM 53/2025 IN CR.NO.53/2025 ISSUED BY THE CCB POLICE, BENGALURU CITY ON THE FILE OF MMTC-1 MAYO HALL BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The Police notices dated 02.07.2025 and 18.07.2025, issued to the petitioner under Section 35(3) of the BNSS, 2023, is called in question in this petition. 2. The learned counsel for the petitioner would contend that the petitioner is neither an accused in the crime, nor his name has been spelt in the FIR, but the Police are unnecessarily issuing notices to him. He - 3 - HC-KAR NC: 2025:KHC:49732 CRL.P No. 11029 of 2025 therefore contends that said notices are liable to be quashed. 3. The FIR is registered in Crime No.53/2025 of Suddaguntepalya Police Station, Bangalore City for an offence punishable under Section 87 of the Karnataka Police Act, 1963, against one Pavankumar Shetty B. Notice has been issued to the petitioner for the purpose of an enquiry, under Section 35(3) of the BNSS, 2023, which stipulates that the Police Officer shall, in all cases where the arrest of a person is not required under sub-Section (1), issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or reasonable suspicion exists that he has committed a cognizable offence, to appear before him etc., 4. It is not in dispute that the petitioner has applied for anticipatory bail and the relief has been granted to him, wherein he was directed to co-operate - 4 - HC-KAR NC: 2025:KHC:49732 CRL.P No. 11029 of 2025 with the investigation by appearing before the Investigating Officer whenever required. The notices issued to the petitioner is for the purpose of investigation. No grounds are made to allow the petition. 5. Accordingly, the petition is dismissed. 6. In view of the dismissal of the main petition, I.A. No.1/2025 stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE SMC List No.: 1 Sl No.: 3