- 1 - HC-KAR CNR: KAHC010392042026 NC: 2026:KHC:39836 WP No. 17904 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17904 OF 2026 (GM-RES) BETWEEN: 1. MR SATHYA R AGED ABOUT 22 YEARS, S/O. K RAMESH RESIDING AT, NO.33/1, VENKATAPPA STREET, MAVALLI, BENGALURU - 560 004 2. CHETHAN KUMAR S AGED ABOUT 19 YEARS, S/O, SATHISH R RESIDING AT, NO.47, 15TH MAIN, BSK 2ND STAGE, BENGALURU - 560 070 3. GABRIEL SHAJAN MATHEW AGED ABOUT 18 YEARS, S/O, SHAJAN MATHEW, RESIDING AT, NO.585, 16/16, MANIATTINAGAL, NEAR JUVANI HOME, AV, THIRUVABCHOOR, THIRUVALLUR, TAMILNADU - 686 019 …PETITIONERS (BY SRI. V LAKSHMINARAYANA.,SR. COUNSEL FOR; SRI. SPARSHA SHETTY.,ADVOCATE) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010392042026 NC: 2026:KHC:39836 WP No. 17904 of 2026 AND: 1. STATE OF KARNATAKA V.V PURAM PS REPRESENTED BY HCGP HIGH COURT OF KARNATAKA 560 001 2. SRI. B S CHANDRASHEKHAR AGED ABOUT 55 YEARS, S/O, LATE B M SRIRAMU, R/AT, NO.26, 1ST FLOOR, 24TH A CROSS, KARESANDRA MAIN ROAD, BSK 3RD STAGE, BENGALURU - 560 070 …RESPONDENTS (BY SMT. WAHEEDA M.M.,HCGP FOR R1) THIS WP IS FILED UNDER ARTICLE 226 READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITHA, 2023 PRAYING TO A. ISSUE A WRIT OF CERTIORARI QUASH THE COMPLAINT FILED BY RESPONDENT NO.2 BEFORE RESPONDENT NO.1 POLICE DATED 21.11.2025. VIDE ANNEXURE-A IN SO FAR AS THE PETITIONERS ARE CONCERNS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR CNR: KAHC010392042026 NC: 2026:KHC:39836 WP No. 17904 of 2026 ORAL ORDER The petitioners are before this Court, seeking the following prayer: "a. Issue a Writ of Certiorari Quash the complaint filed by Respondent No.2 before Respondent No.1 police dated 21.11.2025. vide Annexure-A in so far as the Petitioners are concerns and; b. Issue a Writ of Certiorari to quash the First Information Report, filed by the Respondent No. 1 in Cr No. 177/2025 against the petitioners by the 1st Respondent Police dated 21.11.2025 for offences punishable u/s. 115(2), 126(2), 351(2), 352, r/w 3(5)., of BNS 2023 pending on the file of 37th Addl Chief Judicial Magistrate (ACJM), Bangalore City vide Annexure-B in so far as the Petitioners concerns and; on c. Issue a Writ of certiorari to quash the Chargesheet filed on 21-11-2025 by the Respondent No.1 police in for the offences punishable u/s. 115(2), 126(2), 351(2), 352, r/w 3(5)., of BNS 2023., pending on the file of 37th Addl Chief Judicial Magistrate (ACJM), Bangalore City Vide Annexure C in so far as the Petitioners concerns and; d. Issue any other order or direction as this Hon'ble Court deems fit and proper under the facts and circumstances of this case to meet the ends of Justice." 2. Heard Sri. V Lakshminarayana, learned Senior counsel appearing for Sri. Sparsha Shetty, learned counsel for the petitioners, Smt. Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1 and have perused the material on record. - 4 - HC-KAR CNR: KAHC010392042026 NC: 2026:KHC:39836 WP No. 17904 of 2026 3. This Court, having considered the submissions of the learned Senior counsel, had passed the following order on 15.07.2026: "Heard the learned Senior counsel, Sri. V. Lakshminarayana appearing for the petitioners. Learned HCGP waives notice for respondent No.1. The petitioners are before the Court seeking quashment of the proceedings on the score that the petitioners are the students, who are one of those students whose case is quashed on the score of compromise entered into between the complainant and those students. Learned Senior counsel submits that the petitioners are also similarly placed. In that light, there shall be an interim order of stay of further proceedings in C.C.No.4465/2025 pending before the 37th Additional Chief Judicial Magistrate (ACJM), Bangalore City, qua the petitioners - accused Nos.1, 3 and 4 till the next date of hearing. The petitioners - accused 1, 3 and 4 shall now file affidavits of undertaking before the Court that they would not indulge in such acts again in the premises of the college. List the matter on 30.07.2026." 4. In the light of the said order and the quashment of the proceedings qua the co-accused upon recording the settlement, this Court directed the petitioners to file an affidavit undertaking to maintain good behaviour in the college, as the - 5 - HC-KAR CNR: KAHC010392042026 NC: 2026:KHC:39836 WP No. 17904 of 2026 case would be. The petitioners have accordingly filed the joint affidavit, which reads as follows: " JOINT AFFIDAVIT I, SATHYA R Aged about 22 Years, S/o. K Ramesh Residing at, No.33/1, Venkatappa Street, Mavalli, Bengaluru 560004 and CHETHAN KUMAR S, Aged about 19 years, S/o, Sathish R Residing at, No.47, 15th Main, BSK 2nd Stage, Bengaluru 560070 and GABRIEL SHAJAN MATHEW Aged about 18 years, S/o, Shajan Mathew, RESIDING at, No.585, 16/16, Maniattinagal, Near Juvani Home, AV, Thiruvabchoor, Thiruvallur, Tamilnadu 686019 TODAY AT BENGALURU do hereby solemnly affirm and state on oath as follows. 1. We state that we are the Petitioners/Accused in the above Criminal Petition and are well acquainted with the facts and circumstances of the case. Hence, we are competent and duly authorized to swear to this affidavit of undertaking. 2. We state that the present Criminal Petition has been filed challenging the registration of the complaint/FIR in Crime No.177/2025, which has culminated in the filing of the charge sheet and registration of C.C. No.4465/2026, now pending on the file of the Court of the 37th Additional Chief Judicial Magistrate (ACJM), Bengaluru City, for the alleged offences punishable under Sections 115(2), 126(2), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. We state that, pursuant to the directions and observations made by this Hon'ble Court, we are filing the present affidavit voluntarily and with due regard to the majesty of law and the authority of this Hon'ble Court. The present undertaking is furnished bona fide and in the interest of maintaining peace, harmony, and cordial relations among all concerned. 4. We respectfully submit that we undertake that we shall not hereafter engage in, repeat, commit, - 6 - HC-KAR CNR: KAHC010392042026 NC: 2026:KHC:39836 WP No. 17904 of 2026 participate in, encourage, or cause any act similar to the allegations made in the complaint in Crime No.177/2025. We further undertake that we shall maintain peace and tranquillity and shall conduct ourselves in a lawful, responsible, and peaceful manner at all times. 5. We further undertake that we shall not cause any threat, intimidation, harassment, obstruction, disturbance, annoyance, or interference to the complainant, the alleged victims, their family members, or any other person concerned with the present proceedings. We shall not directly or indirectly indulge in any conduct that may result in the breach of peace or give rise to any further dispute. 6. We undertake that we shall strictly abide by the laws of the land and shall not commit any act that may prejudice public order, disturb communal or social harmony, or result in the registration of any further criminal complaint arising out of the same incident, dispute, or circumstances. 7. We submit that we have understood the seriousness of the allegations and the consequences arising from criminal proceedings. We assure this Hon'ble Court that we shall exercise due restraint and shall not repeat any such act or conduct in the present or future. We shall ensure that our conduct remains peaceful and in conformity with law. 8. We respectfully submit that the continuation of the criminal proceedings in C.C. No.4465/2026, despite the present undertaking and the assurance given by us before this Hon'ble Court, would cause severe hardship and prejudice to us. We submit that the continuation of the proceedings would not serve any useful purpose and would unnecessarily subject us to prolonged criminal litigation. 9. We respectfully submit that the present undertaking is being furnished without prejudice to our rights and contentions in the above Criminal Petition and shall not be construed as an admission of guilt or acceptance of the allegations made in the complaint or charge sheet. The undertaking is furnished solely to - 7 - HC-KAR CNR: KAHC010392042026 NC: 2026:KHC:39836 WP No. 17904 of 2026 demonstrate our bona fide intention to maintain peace and to assure this Hon'ble Court that no such incident or conduct shall be repeated. 10. We respectfully submit that we shall faithfully comply with the undertaking given herein and shall remain bound by the same. We further undertake that we shall not misuse any protection, relief, or benefit granted by this Hon'ble Court. 11. In the above facts and circumstances, we humbly pray that this Hon'ble Court may be pleased to take the present affidavit of undertaking on record and, considering the bona fide assurance given by the Petitioners/Accused, be pleased to quash the proceedings in C.C. No.4465/2026 arising out of Crime No.177/2025, pending on the file of the Court of the 37th Additional Chief Judicial Magistrate (ACJM), Bengaluru City, in the interest of justice and equity. 12. We state that the contents of the above affidavit are true and correct to the best of our knowledge, information, and belief." 5. In the light of the closure of the proceedings qua the other accused on the basis of the settlement arrived at between the parties on an affidavit being filed by the other students, I deem it appropriate to accept the affidavit of these students and obliterate the proceedings in order to protect the career of the petitioners' - students and not jeopardize it. 6. For the aforesaid reasons, the following: - 8 - HC-KAR CNR: KAHC010392042026 NC: 2026:KHC:39836 WP No. 17904 of 2026 ORDER i) The writ petition is allowed. ii) The complaint dated 21.11.2025 filed by respondent No.2 before respondent No.1 - Police vide Annexure-A, the FIR filed by respondent No.1 in Crime No.177/2025 pending before the 37th Additional Chief Judicial Magistrate (ACJM), Bengaluru City vide Annexure-B and the Chargesheet dated 21.11.2025 filed by respondent No.1 - Police pending on the 37th Additional Chief Judicial Magistrate (ACJM), Bengaluru City vide Annexure-C in C.C.No.4465/2025, are hereby quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 1 Sl No.: 35