- 1 - HC-KAR NC: 2026:KHC:30308 CRL.P No. 8340 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8340 OF 2026 BETWEEN: SHARANABASAPPA @ SHARANU SALAGAR (M.L.A), S/O. SRI. BABU, AGED ABOUT 50 YEARS, RESIDING AT NO.28/137, BASAVA NAGAR, GUDDA LAYOUT, 2ND CROSS, BASAVA KALYAN, BIDAR - 585 327. …PETITIONER (BY SRI. AMIT SAHU., ADVOCATE) AND: 1. STATE BY BASAVAKALYAN TOWN POLICE, BIDAR DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SHRI. SANJEEV KUMAR SUGURE, S/O SIDARAMAPPA SUGURE, AGED ABOUT 52 YEARS, R/AT 28/137, JAYASHANKAR COLONY, BASAVAKALYAN, BIDAR, KARNATAKA - 583 327. …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R1) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30308 CRL.P No. 8340 of 2026 THIS CRL.P. IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.240/2025 DATED 27.12.2025 REGISTERED BY THE IST RESPONDENT POLICE BASAVAKALYAN TOWN POLICE STATION FOR THE OFFENCE P/US/ 109, 314, 318, 353, 351 AND 74 OF BNS 2023 PENDING ON THE FILE OF THE HONBLE XLII ADDL CMM, BENGALURU AT ANNEXURE C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the court calling in question the registration of a crime in Crime No. 240/2025 which comes to be registered on 27.12.2025 on a reference being made by the Learned Magistrate under Section 175(3) of the Bharatiya Nyaya Suraksha Sanhitha, 2023 (for short 'BNSS'). 2. Heard Sri Amit Sahu, learned counsel appearing for the petitioner and Smt.Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1 and perused the material placed on record. - 3 - HC-KAR NC: 2026:KHC:30308 CRL.P No. 8340 of 2026 3. The petitioner is the sole accused, a sitting member of the Legislative Assembly. He is alleged of offence punishable for cheating, criminal breach of trust and attempt to murder as obtained under Sections 109, 314 and 318 of the BNSS. 4. The second respondent is the complainant. A private complaint comes to be registered in PCR No. 19195/2025, for the afore-quoted offences. 5. The concerned court refers the matter for investigation on the private complaint filed under section 223(1) of the BNSS by the following order. "The complainant filed Mr. this Sanjeev Kumar Sidramappa Sugure has complaint against accused U/Sec.223(1) of BNSS, 2023 alleging that the accused has committed the Offences P/U/Sec.74, 109, 314(4), 318, 351 & 352 of BNS, 2023. Heard. Perused the complaint & allegation of the complainant that the the documents annexed to it. It is the accused who is the sitting MLA from Basavakalyana Constituency during Elections, 2023 the Assembly dishonestly & fraudulently induced the complainant to advance an hand loan of Rs.99,00,000/- in parts on multiple 2023 to 2023 making occasions between January 2nd Week of February false promise that, he would repay the same within 6 months. But, as per his dishonest intention, he has not repaid the said amount and upon repeated requests & persuasion on 14/09/2025 he has issued a 16/09/2025 Basavakalyna cheque dated: drawn Branch, on SBI, for Rs.99,00,000/- though he is unwilling to On discharge said debt. 16/09/2025 when the - 4 - HC-KAR NC: 2026:KHC:30308 CRL.P No. 8340 of 2026 complainant's son & wife personally visited the residence of accused to ascertain as to whether he would pay the amount or the cheque would be presented for encashment, he grew aggressive and gave threats of dire consequences to & his family the complainant demanding for return of said cheque. As such he has committed the offence punishable U/Sec.74, 109, 314(4), 318, 351 & 352 of BNS, 2023. The complainant has duly complied the guidelines of Hon'ble Apex court, in the case of Priyanka Srivathsava V/s State Of U.P & others, reported in (2015)4 S.C.R.108, as to exhaustion of Sec.173 of BNSS, 2023 & filed affidavit as per Sec. 173(4) of BNSS, 2023. He also filed the endorsement given by PSI, Basavakalyana police station dated: 28/09/2025, wherein it is stated that, the allegations of the complaint constitute non-cognizable offences and register as such they would & FIR upon obtaining producing an order of permission for investigation from the concerned court or Magistrate. Upon on perusal of the complaint allegations along with the documents annexed to it like, the copy of cheque, blank letter-head of accused, endorsement given by the Karnataka Bank, legal notice issued by the complainant, the Pen drive stated to be containing the alleged conversations 16/09/2025 and the copy of on complaint given the to CPI, Basavakalyana Circle, the Dy.SP, prima- facie it appears that there is a case for investigation. Humnabad, Further, though the accused herein is the present MLA of Basavakalyana Constituency, the Offences alleged against him in this case appear to be not coming within the purview of discharge of his Official functions as such MLA. As such sanction from the /state authority concerned government is not necessary. Hence, I hereby refer this complaint U/Sec. 175(3) of BNSS, 2023 to the SHO, Basavakalyana Town Police station, Basavakalyana, Bidar District for investigation. Office to send the complaint and connected papers to the said police station. Await FIR. - 5 - HC-KAR NC: 2026:KHC:30308 CRL.P No. 8340 of 2026 Call on: 29/12/2025. In view of reference U/Sec. 175(3) of BNSS, 203 & filing of FIR in Cr.No.240/2025 by Basavakalyana Town Police Station, Bidar, this PCR is closed." 6. A perusal at the order which refers the matter under section 175(3) of BNSS, for investigation does not indicate the compliance with the mandate to the statute of requiring the Jurisdictional Police to calling for a report and submission of the report. Without so doing it is straight away referred for investigation under section 175(3) of BNSS, which amounts to incurable procedural aberration. 7. In that light, the petition is allowed. The matter is remitted back to the hands of the concerned court to follow the procedure as stipulated in law, bearing in mind the observations made in the course of the order. 8. For the aforesaid reasons, the following: ORDER: i) The petition is allowed in part. ii) The impugned FIR in Crime No.240/2025 dated 27.12.2025 registered by the Basavakalyan Town Police - 6 - HC-KAR NC: 2026:KHC:30308 CRL.P No. 8340 of 2026 Station, pending on the file of the learned XLII ACMM, Bangalore, qua petitioner, stands quashed. iii) Matter is remitted back to the hands of the learned Magistrate to pass necessary orders for referring the matter for investigation bearing in mind the observations made in the course of the order. In view of the disposal of the main petition, I.A.No.1/2026 does not survive for consideration and stands disposed of. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE HR List No.: 2 Sl No.: 16