- 1 - HC-KAR CNR: KAHC010416762025 NC: 2026:KHC:36364 WP No. 18651 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18651 OF 2025 (GM-RES) BETWEEN: SRI. FAISAL AHMED, AGED ABOUT 39 YEARS, S/O SRI. NAJEEB AHMED, MANAGING DIRECTORS & CEO OF ANA ARC PRIVATE LIMITED, NO. 299, 1ST FLOOR, AMARJYOTHI LAYOUT, DOMLUR, BANGALORE- 560071. …PETITIONER (BY SMT. NAYANA TARA B G, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY MAGADI ROAD POLICE STATION, BANGALORE 560023. 2. SRI. R. KRISHNA, AGED ABOUT 54 YEARS, S/O SRI. RANGAPPA, R/AT NO. 305, BRIGED GARDEN, CHURCH STREET, BENGALURU- 560001. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI. PREETHAM JUDE CORREA, ADVOCATE FOR R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS, 2023 PRAYING TO QUASH THE FIR BY R-1 Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010416762025 NC: 2026:KHC:36364 WP No. 18651 of 2025 PRODUCED AT ANNEXURE-A IN CRIME NO. 61/2025 BEFORE IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 316(2), 318(4), 308(2), 351(2), 351(3), 352, 61 AND 190 OF THE BHARATHIYA NYAYA SANHITA (BNS) 2023 INSOFAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proceedings in Crime No.61/2025, pending before the IV Addl. Chief Judicial Magistrate at Bengaluru, registered for the offences under Sections 316(2), 318(4), 308(2), 351(2), 351(3), 352, 61 and 190 of BNS, 2023. 2. Heard Smt.Nayana Tara B.G., learned counsel appearing for the petitioner, Smt.Rashmi Patel, learned HCGP appearing for respondent No.1, Sri.Preetham Jude Correa, learned counsel appearing for respondent No.2 and have perused the material on record. - 3 - HC-KAR CNR: KAHC010416762025 NC: 2026:KHC:36364 WP No. 18651 of 2025 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and respondent No.2 has filed a Statement of Objections by way of Counter Affidavit in that regard, which reads as follows: “I, R. Krishna, Son of Sri Rangappa, aged 54 years, Occ: Business, r/o No.305, Briged Garden, Church Street, Bengaluru City - 560 001, do hereby, solemnly affirm and state on oath as follows: 1. I am the Respondent No.2 / De facto Complainant herein and as such I am well acquainted with facts of the case, and I am competent to swear to this affidavit. 2. I state that the Ramprasad Raju V, Vanajakshi R, Abhinandan R Raju and Rathi S Raju i.e. Accused 1 to 4 own the land admeasuring 43,560 sq.ft., situated at 14th Cross, Agrahara Dasarahalli, 16, Industrial Area, Gangamma Thimmaiah Kalyana Mantapa Bengaluru – 560 079 and they had entered into an Agreement of Sale dated: 28.04.2017 with me, received part consideration from me to discharge the existing debt of Tumkur Grain Merchant's Co-Operative Bank (TGMC) and to get the property released from the mortgage of the bank, however they did not discharge the debt. 3. I state that I have lodged a complaint with Magadi Road Police Station, which is registered as FIR No.61 of 2025 for alleged offences punishable under Sections 316(2), 318(4), 308 (2), 351 (2), 351 (3), 352, 61 and 190 of the Bharatiya Nagarik Suraksha Sanhita (BNS), 2023. 4. I state that due to some misunderstanding and miscommunication I have included the Petitioner as an accused in the complaint. 5. I state that I have filed a suit in OS.No.3518 of 2025 pending on the file of the Hon'ble XXIV Addl City Civil & Sessions Judge, Bengaluru for specific performance of - 4 - HC-KAR CNR: KAHC010416762025 NC: 2026:KHC:36364 WP No. 18651 of 2025 the Agreements of sale dated 28.04.2017, in respect of the suit property already under mortgage with Tumkur Grain Merchants Co.op. Bank Ltd. I state that the mortgage was created on 02.08.2016 by the Accused No.1 to 4 in FIR No.61 of 2025 and the Petitioner herein is Defendant No.5 in the said Original Suit. 6. I state that upon verification of entire records and enquiries made by me I admit the following facts: a. That the Accused Nos.1 to 4 had availed loan facility on 02.08.2016 from M/s Tumkur Grain Merchants Cooperative Bank Ltd., by mortgaging their properties, including Item No.1 of the suit Schedule Property in OS No.3518 of 2025, prior to the Agreement of Sale executed by the Accused 1 to 4 in my favour. b. That the loan turned into Non-Performing Asset, M/s Tumkur Grain Merchants Cooperative Bank Ltd. assigned the loan to ANA ARC Pvt. Ltd., i.e. the Petitioner's company under a Registered Assignment Agreement dated 24.08.2023, registered as Doc.No.Book-I- 7312/2023-24. c. There is no privity of contract between me and ANA ARC Pvt. Ltd., i.e. the Petitioner's company and there were never any transactions between us. The Petitioner is a stranger to my transactions with the Accused 1 to 4 and his Company ANA ARC Private Limited took over the loan from TGMC Bank Ltd., along with the existing securities. The dispute has been only civil in nature. d. The said ANA ARC Pvt. Ltd., i.e. Petitioner's company is entitled to recover the outstanding debt as against the Accused 1 to 4 against the mortgaged properties. e. That the Accused 1 to 4 have amicably resolved the dispute with me and came forward to execute the sale deed in respect of the mortgaged part of the suit schedule property in OS No.3518 of 2025, after getting the same released from the mortgage of ANA ARC Private Limited. f. That in view of the above facts, I intend to withdraw my complaint, and I have no grievance against the Petitioner or against Accused No.1 to 4. I submit that - 5 - HC-KAR CNR: KAHC010416762025 NC: 2026:KHC:36364 WP No. 18651 of 2025 I never had any complaint as against the Petitioner / Accused No.5 and due to misunderstanding and wrong advice to me, I impleaded him as an Accused. 7. I submit that in view of the above stated facts I pray this Hon'ble Court to allow the present petition by quashing the FIR No.61 of 2025 dated 09.04.2025 registered under Sections 316(2), 318(4), 308 (2), 351 (2), 351 (3), 352, 61 and 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 of Magadi Road Police Station, Vijayanagar Sub-Division, Bengaluru City in the interest of justice and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 8. I, R. Krishna, Son of Sri Rangappa, aged 54 years, occ: business, r/o No.305, Briged Garden, Church Street, Bengaluru City - 560 001, the Deponent, do hereby verify and declare the contents verify and state that the above paragraphs are true and correct.” 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of Statement of Objections by way of Counter Affidavit as quoted supra being filed and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioner in the subject petition. - 6 - HC-KAR CNR: KAHC010416762025 NC: 2026:KHC:36364 WP No. 18651 of 2025 6. For the aforesaid reasons, the following: ORDER [I] Writ Petition is disposed. [II] Proceedings in Crime No.61/2025, pending before the IV Addl. Chief Judicial Magistrate at Bengaluru, stands quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 3 Sl No.: 1