- 1 - HC-KAR CNR: KAHC010279012024 NC: 2026:KHC:43509 CRL.P No. 4573 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4573 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MRS ASHWINI SNEHAL OZA W/O MR. CHETAN G.R., AGED ABOUT 49 YEARS, R/AT WILASA GRAND VILLAMENTS, APARTMENT NO.Z-401, DODDAKALLASANDRA, 12TH KILOMETER, KANAKAPURA ROAD, J.P.NAGAR,9TH PHASE, BANGALORE - 560062. 2. MR. CHETAN G R., S/O MR. G.R. NATARAJ, AGED ABOUT 52 YEARS, R/AT WILASA GRAND VILLAMENTS, RAJA FARMS, APARTMENT NO.Z-401, DODDAKALLASANDRA, 12TH KILOMETER, KANAKAPURA ROAD, J.P.NAGAR 9TH PHASE, BANGALORE - 560062. …PETITIONERS (BY SRI. SURAJ S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010279012024 NC: 2026:KHC:43509 CRL.P No. 4573 of 2024 THE SOUTH CEN CRIME POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT BUILDING, AMBEDKAR VEEDI, BANGALORE - 560001. 2. VIDYA MALLIK, W/O RAHUL MALLIK, AGED ABOUT 55 YEARS, R/AT NO. VILAS APARTMENT, 11TH KILOMETER, KANAKAPURA ROAD, DODDAKALLASANDRA, J.P.NAGARA, 9TH PHASE, BANGALORE - 560062. …RESPONDENTS (BY SMT WAHEEDA M.M. HCGP, MS. LEKHA JAIN FOR SRI SIDDHARTH SUMAN,ADVOCATES FOR R2) CRL.P FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE IMPUGNED FIR BARING CR.NO.0606/2024 DATED 20.043.2024 REGISTERED BY THE 1ST RESPONDENT SOUTH CEN CRIME P.S., FOR THE ALLEGED OFFENCE P/U/S 66 OF THE I.T. ACT, 2008 (ANNEXURE-B HEREIN) CURRENTLY, PENDING ON THE FILE OF THE HONBLE 45TH ADDL. CMM, BANGALORE AGAINST THE PETITIONERS, WHO HAVE BEEN ARRAYED AS ACCUSED NOS.1 AND 2 THEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010279012024 NC: 2026:KHC:43509 CRL.P No. 4573 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the court seeking the following prayer: "i) Quash the FIR bearing Crime No.0606/2024 by South CEN Crime Police Station, dated 20.04.2024 registered by the 1st respondent for the alleged offence punishable under Section 66 of the Information Technology Act, 2008 (Annexure-B herein) currently pending on the file of the Hon'ble 45th Addl.Chief Metropolitan Magistrate, Bangalore against the Petitioners, who have been arrayed as Accused Nos.1 and 2 therein. ii) Grant such other reliefs as this Hon'ble Court deems fit considering the facts and circumstances of the case, in order to meet the ends of justice." 2. The petitioner is the accused in Crime No. 606/2024 registered for offences punishable under Section 66 of Information Technology Act, 2008 (hereinafter referred to as "the Act" for short). 3. This Court on 24.06.2024 had passed the following Order: "Learned counsel appearing for the petitioners submits that there are plethora of cases pending between the complainant and the petitioners, who are the members of the same family. The issue in the lis is with regard to Section 66 of the Information Technology Act, 2008 ('the Act' for short). The allegation is that the photograph of the daughter from the Instagram website have been - 4 - HC-KAR CNR: KAHC010279012024 NC: 2026:KHC:43509 CRL.P No. 4573 of 2024 downloaded and sent to the complainant and father. Learned counsel further contends that it is a private account and downloading of pictures would not be available, as the access itself is not available. Be that as it may. Since it involves the circulation of pictures of a young girl, I deem it appropriate to permit the investigation to go on and the petitioner shall co-operate with investigation. In the garb of investigation, the Investigating Officer shall neither harass nor take any coercive steps against these petitioners. The prosecution shall not file its final report without leave of the Court and the investigation conducted shall be placed before this Court on the next date of hearing. The investigation shall be conducted only by the person empowered to do so under Section 78 of the Act and nobody else. Interim order granted earlier, is modified to the aforesaid extent and continued till the next date. List the matter on 31.07.2024." 4. The said Order comes to be modified. The said Order was in modification of an earlier Order so passed, permitting investigation to be conducted by the empowered Officer under the Information Technology Act. The investigation ensues and now ends up with in the police filing of 'B' report. The 'B' report is pending consideration at the hands of the concerned court. In the light of the filing of the 'B' report, the petition in the form that it is presented would not become entertainable any more. Therefore, reserving liberty to the petitioner to re-approach this court in the event the concerned court would pass any orders on the 'B' report which would be - 5 - HC-KAR CNR: KAHC010279012024 NC: 2026:KHC:43509 CRL.P No. 4573 of 2024 detrimental to the interest of the petitioner, the petition stands disposed of. 5. It is needless to observe that the concerned court shall answer a proceedings now before it, which is at the stage of acceptance or rejection of the 'B' report in accordance with law. 6. The petitioners are at liberty to file an application in accordance with law in the event 'B' report is accepted and closed by the concerned court. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE HR-List No.: 2 Sl No.: 21