- 1 - HC-KAR CNR: KAHC010811252025 NC: 2026:KHC:42292 WP No. 38323 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 38323 OF 2025 (GM-RES) BETWEEN: SRI CHETHAN, S/O LATE DOMBAIAH PUJAR, AGED ABOUT 37 YEARS, R/AT. CHAITHRA NIVASA, BONTALKA, NIDDODI POST, MUDUBIDRE TALUK, MANGALORE, DAKSHINA KANNADA DISTRICT – 574 227 …PETITIONER (BY SMT. KSHAMA NARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA PADUBIDRI PS KAPU SUB-DIVISION, UDUPI DISTRICT REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. 2. SMT. LAKSHMI S.R W/O. LATE RAMACHANDRA AGE 35 YEARS, KARUNYA BEAUTY PARLOUR, INFRONT OF YATRI NIVASA, 4TH KYATHASANDRA, TUMAKURU, KARNATAKA – 572 101 …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1: Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010811252025 NC: 2026:KHC:42292 WP No. 38323 of 2025 SMT. ABHINAYA.K FOR SRI. C.H. HANUMANTHARAYA, ADVOCATES FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO QUASH THE PROCEEDINGS PENDING IN CR. NO.96/2025 DATED 18.08.2025 ON THE FILE OF COURT OF ADDL. CIVIL JUDGE (SENIOR DIVISION AND ACJM COURT UDUPI) FOR THE OFFENCE PUNISHABLE UNDER SECTION 64(1) AND 352 OF BNS REGISTERED BY THE PADUBIDRI PS VIDE ANNEXURE-A AND B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel for the petitioner and learned counsel for the respondents. 2. The issue in the lis is with regard to an offence under Section 64(1) of the BNS, which punishes a rape. The other offence is Section 352 of the BNS. 3. The learned counsel appearing for the petitioner submits that, there is incongruity in the complaint itself as to what offence the complainant is wanting to project. 4. The learned counsel for the respondent/ complainant submits that the complaint is clear that it was - 3 - HC-KAR CNR: KAHC010811252025 NC: 2026:KHC:42292 WP No. 38323 of 2025 an offence that had to become punishable under Section 498A of IPC or even 69 of BNS, but not 64. The police have wrongly invoked the said provision. 5. The police wrongly invoking the provision would not mean that the victim should be left high and dry. 6. In the light of the submission and contra- submission, the investigation in the case at hand becomes imperative. 7. Therefore, reserving liberty to the petitioner to knock at the doors of this Court, in the event the final report would go against the petitioner, petition stands disposed. All contentions would remain open. Sd/- (M.NAGAPRASANNA) JUDGE CM List No.: 2 Sl No.: 27