- 1 - HC-KAR NC: 2026:KHC:29129 CRL.P No. 6799 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO.6799 OF 2019 BETWEEN: 1. SMT. S JAYA W/O SRI C.MANJUNATHA, AGED ABOUT 46 YEARS, R/A SNEHA NILAYA, 1ST FLOOR, KUMAR STREET, K.R.PURAM, BANGALORE - 560 036. PROPRIETOR OF SRI LAKSHMIVENKATESHWARA STORES NO.22 & 39, 6TH CROSS, VINAYAKA NAGAR, DEVASANDRA, BANGALORE- 560 036. 2. SRI C MANJUNATHA S/O SRI CHENNAPPA, AGED ABOUT 56 YEARS, R/A SNEHA NILAYA, 1ST FLOOR, KUMAR STREET, K.R.PURAM, BANGALORE - 560 036. PROPRIETOR OF SLV AGENCIES, NO.22 & 39, 6TH CROSS, VINAYAKA NAGAR, DEVASANDRA, BANGALORE - 560 036. …PETITIONERS (BY SRI MAHESH B J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BANGARPET POLICE STATION, BANGARPET CIRCLE, K.G.F., REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 01. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29129 CRL.P No. 6799 of 2019 2. SIR S V KISHORE S/O SRI VENKATACHALAPATHY SHETTY, AGED ABOUT 57 YEARS, PROPRIETOR OF ESSVEE ENTEPRISES, NO.458, ELEMALLAPPA ROAD, BANGARPET TOWN, KOLAR DISTRICT - 563 114. …RESPONDENTS (BY SMT. SOUMYA R., HCGP FOR R1; SRI D. PRABHAKAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE ORDER DATED 06.02.2019 PASSED IN PCR NO.32/2019 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC, BANGARPET CONSEQUENTLY QUASH THE PROCEEDINGS IN CR.NO.43/2019 OF BANGARPET P.S, BANGARPET CIRCLE, KGF FOR THE OFFENCE P/U/S 120B,406,420,107,499,504,505,506 AND 34 OF IPC AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 06.02.2019 passed by Principal Civil Judge and J.M.F.C., Bangarpet in PCR no.32/2019 for registration of complaint, this petition is filed. 2. Sri B.J. Mahesh, learned counsel for petitioners at outset submitted that private complaint was filed without compliance with requirement of filing of affidavit as directed by Hon'ble Supreme Court in case of Priyanka Srivastava and - 3 - HC-KAR NC: 2026:KHC:29129 CRL.P No. 6799 of 2019 Anr. v. State of Uttar Pradesh and Ors., reported in (2015) 6 SCC 287. Said ground was urged by counsel for petitioner on previous date of hearing. As counsel for respondent no.2 - complainant was not present, matter was adjourned to enable him to appear and make submissions. 3. Even today there is no appearance on behalf of respondent no.2 - complainant. This would indicate petitioners' assertion remains uncontraverted. 4. Even Smt.Soumya R., learned HCGP for respondent no.1 - State is not able to controvert these submissions in view of requirement of law as held in Priyanka Srivastava's case . 5. Heard learned counsel and perused material on record. 6. This petition is filed challenging registration of Crime no.43/2019 by Bangarpet Police Station in pursuance of order dated 06.02.2019. Hon'ble Supreme Court in Priyanka Srivastava's case has held it mandatory for a private complaint to be accompanied with an affidavit containing material allegations against accused. Perusal of certified copy of complaint produced along with petition indicates complaint is - 4 - HC-KAR NC: 2026:KHC:29129 CRL.P No. 6799 of 2019 accompanied with verifying affidavit. Secondly, learned Magistrate has endorsed on complaint as follows: "Complainant present, presented complaint with relevant documents, put up with order sheet" 7. It would not indicate application of mind as mandated. On both counts, proceedings would call for interference. 8. Accordingly, petition is allowed, impugned order dated 06.02.2019 passed by Principal Civil Judge and J.M.F.C., Bangarpet in PCR no.32/2019 is quashed. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 32