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2025 DAILYLAW 88745 (KAR)

SRI SURESH M v. THE STATE OF KARNATAKA

CRL.P/10513/2025 · 2025-11-27

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49239 CRL.P No. 10513 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10513 OF 2025 BETWEEN: SRI. SURESH M S/O MADEGOWDA AGED ABOUT 33 YEARS, R/AT NO.149/2, 4TH CROSS, KONENA AGRAHARA, HAL, OLD AIRPORT ROAD, VTC VIMANAPURA, BENGALURU - 560 017. …PETITIONER (BY SRI. RAJESH R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA SUB-INSPECTOR OF POLICE, HALASOOR POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING, BENGALURU - 560 001. 2. MR.MAHESH KUMAR B.S. S/O NOT KNOWN AGED ABOUT 44 YEARS, ASI, HALASURU POLICE STATION, HALASURU, BENGALURU CITY - 560 008. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; R2 - SERVED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49239 CRL.P No. 10513 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO (I) QUASH THE FIR IN CRIME NO.373/2023 REGISTERED BY RESPONDENT NO. 1/ HALASUR POLICE STATION, HALASUR SUB-DIVISION, BENGALURU AGAINST THE PETITIONER WHO IS ARRAYED AS THE SOLE ACCUSED ALLEGING COMMISSION OF OFFENCE PUNISHABLE U/S 420 OF THE INDIAN PENAL CODE (PRODUCED HEREWITH AS ANNEXURE-A) SUBMITTED BEFORE THE LEARNED 10TH ADDL. CMM COURT, MAYO HALL, BANGALORE AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: (i) Quash the FIR in Crime No.373/2023 registered by Respondent No. 1/ Halasur Police Station, Halasur Sub-Division, Bengaluru against the Petitioner who is arrayed as the sole accused alleging commission of offence punishable U/s 420 of the Indian Penal Code (produced herewith as Annexure-A) submitted before the learned 10th Addl. CMM Court, Mayo Hall, Bangalore and (ii) Quash the charge sheet filed by the respondent police in CC.No.60186/2024 filed by Respondent No. 1/ Halasur Police Station, Halasur Sub-Division, Bengaluru against the Petitioner who is arrayed as - 3 - HC-KAR NC: 2025:KHC:49239 CRL.P No. 10513 of 2025 the sole Accused alleging commission of offence punishable U/s 420 of the Indian Penal Code (produced herewith as Annexure-C) submitted before the learned 10th Addl. CMM Court, Mayo Hall, Bangalore and (iii) Grant such other reliefs as this Hon'ble Court may deem fit to grant in the circumstances of this case, in the interest of justice. 2. A perusal of the material on record will indicate that on 23.12.2023, the second respondent filed a complaint before the first respondent inter alia alleging that the petitioner had committed an offence punishable under Section 420 IPC by covering/masking the number plate of his Royal Enfield bike No.KA 03 JY 3285. The said complaint was registered as an FIR in Crime No.373/2023. After investigation, the first respondent police authorities filed a charge sheet against the petitioner for alleged offences punishable under Section 420 IPC, aggrieved by which the petitioner is before this Court by way of the present petition. 3. Heard learned counsel for the petitioner and learned HCGP for respondent and perused the material on record. - 4 - HC-KAR NC: 2025:KHC:49239 CRL.P No. 10513 of 2025 4. A perusal of the material on record complying of the complaint, FIR, the charge sheet material, statement of witnesses, documents, etc., will indicate that the necessary ingredients constituting offence punishable under Section 420 IPC as against the petitioner are not forthcoming and the same are conspicuously absent as can be seen from the material on record. Under these circumstances, in the absence of any material to show that the petitioner was guilty of the alleged offences and since the material on record does not prima facie disclose the commission of the offence, I am of the considered opinion that continuation of the impugned proceedings qua petitioner would amount to process of law warranting interference by this Court in the present petition. In the result, I pass the following - ORDER (i) The petition is hereby allowed. (ii) The impugned FIR in Crime No.373/2023 registered by Respondent No. 1/ Halasur Police Station, Halasur Sub-Division, Bengaluru and the charge sheet filed by the respondent No.1 police in CC.No.60186/2024 against the petitioner who is - 5 - HC-KAR NC: 2025:KHC:49239 CRL.P No. 10513 of 2025 arrayed as the sole accused alleging commission of offence punishable under Section 420 of the Indian Penal Code (produced herewith as Annexures A and C) submitted before the learned 10th Addl. CMM Court, Mayo Hall, Bangalore are quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 1