- 1 - HC-KAR NC: 2026:KHC:33569 CRL.P No. 3968 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 3968 OF 2019 BETWEEN: GAGANESH N REDDY S/O C.R.NARAYANA REDDY, R/AT NO.143/1, NEAR MVJ COLLEGE, CHANNASANDRA VILLAGE, KADUGODI POST, BANGALORE - 560 067. …PETITIONER (BY SMT. PRAMILA NESARGI, SR. COUNSEL FOR (VC) SRI HEMANTH KUMAR D., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KADUGODI POLICE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BUILDING, BANGALORE - 560 001. 2. MANJUNATH N., S/O K.NARAYANASWAMY, AGED ABOUT 29 YEARS, R/AT CHANNASANDRA, KENCHA REDDY LAYOUT, KADUGODI POST, BANGALORE - 560 067. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI R.S.SUBRAHMANYA KOUSHIK, ADVOCATE FOR R2) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33569 CRL.P No. 3968 of 2019 THIS CRL.P IS FILED U/S.482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN P.C.R.NO.650/2017 ON THE FILE OF THE I ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL AT BANGALORE. THIS PETITION, COMING ON FOR HEARING ON I.A., THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging proceedings in PCR no.650/2017 on file of I Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru, this petition is filed. 2. Smt.Pramila Nesargi, learned Senior Counsel appearing for Sri Hemanth Kumar D., advocate for petitioner submitted that petitioner was accused in complaint PCR no.650/2017 filed by respondent no.2 - complainant alleging offences punishable under Sections 323, 341, 448, 427, 419, 420, 465, 468, 471, 504, 506 read with Section 34 of Indian Penal Code, 1860 (IPC). Main ground was that private complaint was filed without complying with requirements mandated by Hon'ble Supreme Court in case of Priyanka Srivastava and Anr. v. State of U.P and Ors., reported in - 3 - HC-KAR NC: 2026:KHC:33569 CRL.P No. 3968 of 2019 (2015) 6 SCC 287, insofar as failure to file an affidavit containing substance of allegations against accused and submitted that on said ground petition requires to be allowed. 3. Smt.Sowmya R., learned HCGP for respondent no.1 - State as well as Sri RS Subrahmanya Koushik, learned counsel for respondent no.2 opposed petition. It was submitted, though non-filing of affidavit was not disputed, Hon'ble Supreme Court in case of Ranjit Singh Bath and Anr. v. Union Territory Chandigarh and Anr., reported in 2025 SCC Online SC 1479 had under such circumstances kept remedies under Section 154 of Code of Criminal Procedure, 1973 (CrPC) opened to complainant and taking note of same appropriate orders may be passed. 4. Heard learned counsel and perused material on record. 5. From above, there is apparent non-compliance with mandatory requirement of filing an affidavit by complainant containing substance of allegations against accused along with private complainant. At same time, however taking note of observation by Hon'ble Supreme Court in Ranjit Singh Bath's - 4 - HC-KAR NC: 2026:KHC:33569 CRL.P No. 3968 of 2019 case (supra), recourse to Section 154 of CrPC and 173 or Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) would require to be kept open to complainant. 6. In view of above, petition is allowed, impugned proceedings in PCR no.650/2017 on file of I Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru stand quashed with liberty of recourse to Section 154 of CrPC of 173 of BNSS. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 16