- 1 - HC-KAR CNR: KAHC010581062026 NC: 2026:KHC:45607 CRL.P No. 12889 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12889 OF 2026 BETWEEN: SMT. RAJREET RAY, AGED ABOUT 66 YEARS, W/O. CAPTAIN SALIL BARON RAY (RETIRED INDIAN NAVY OFFICER), H NO.722/H, GOD'S GIFT, ADARSHNAGAR, CHICALIM, SOUTH GOA, GOA - 403711. …PETITIONER (BY SRI. ASHOKA T, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY STATION HOUSE OFFICER, RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU CITY, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. 2. SRI. AHKEEL PASHA, S/O MOHAMMED IQBAL, AGED ABOUT 46 YEARS, R/AT NO.7, 1ST MAIN, 12TH CROSS, VALMIKINAGAR, NEAR GOVT ELECTRIC FACTORY, BENGALURU CITY - 560026. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1) Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010581062026 NC: 2026:KHC:45607 CRL.P No. 12889 of 2026 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO QUASH THE FIR IN CR.NO.254/2026 REGISTERED BY RAJARAJESHWARI NAGAR P.S., BENGALURU CITY, FOR THE OFFENCE P/U/S 105 OF BNS, 2023, CURRENTLY PENDING BEFORE THE 46th ACMM COURT, NRUPATUNGA ROAD, BENGALURU CITY, IN SO FAR AS IT RELATES TO THE PETITIONER/ACCUSED NO.1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.Ashoka T, learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1 and have perused the material on record. 2. The petitioner is before the Court on a very preliminary ground that a crime that is registered on 15.08.2026 is for offence punishable under Section 105 of the BNS which is Section 304 of the IPC - culpable homicide not amounting to murder. - 3 - HC-KAR CNR: KAHC010581062026 NC: 2026:KHC:45607 CRL.P No. 12889 of 2026 3. Learned counsel appearing for the petitioner submits that the fulcrum of the lis is that a wall collapsed during the process of demolishing in which a labourer died. It would not become culpable homicide not amounting to murder, but at best could be rash and negligent act, which also the learned counsel submits, cannot be laid against the petitioner. The crime is still at the stage of investigation. Therefore, in the event, the investigation continues and the final report is filed against the petitioner, for whatever offences, liberty is reserved to the petitioner to knock at the doors of this Court. With the aforesaid observation, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 5 Sl No.: 1