- 1 - HC-KAR CNR: KAHC010010352026 NC: 2026:KHC:48870 CRL.P No. 239 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO.239 OF 2026 (482(Cr.PC)/ 528(BNSS)) BETWEEN: 1. SHRIKANTHA SHETTY S/O PRABHAKARA SHETTY AGED ABOUT 49 YEARS. 2. HARDHIK SHRIKANTHA SHETTY S/O SHRIKANTHA SHETTY AGED ABOUT 19 YEARS. BOHT 1 & 2 ARE R/AT NO.2-188 CHANDU CHAYA, KENCHANAKERE KILPADY, D.K DISTRICT – 574154. 3. SHRINATH S/O DHARMAPPA AGED ABOUT 41 YEARS R/AT NO.2/25/A/10, SUMATHI HALLIMANE PADUPANAMBUR HALEANGADI 10TH THOKOOR, MULKI MANGALORE, D.K. DISTRICT – 574154. …PETITIONERS (BY SRI. BALAKRISHNA M.R. ADV.,) AND: 1. THE STATE OF KARNATAKA BY MOODABIDRE POLICE STATION MANGALURU, D.K DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR Digitally Signed by ANANT RAMNATH HEGDE on 11-09-2026 Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010010352026 NC: 2026:KHC:48870 CRL.P No. 239 of 2026 HIGH COURT BUILDING BENGALURU 560 001. 2. CHANDRASHEKARA G. DEVADIGA S/O GOPALA DEVADIGA AGED ABOUT 54 YEARS R/A PAVANA NAGARA NEAR SUBRAMANYA TEMPLE KADANDALE VILLAGE, MOODABIDRE TALUK MANGALURU CITY, D.K. DISTRICT – 574226. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V. ADDL. SPP SRI. BIPIN HEGDE, ADV., FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.204/2025 FOR THE ALLEGED OFFENCES P/U/S 115(2), 109, 352, 351(2), 190 OF BNS 2023 NOW PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT, MOODABIDRE MANGALORE CITY WHICH IS REGISTERED BY THE 1ST RESPONDENT/MOODABIDRE POLICE STATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally Signed by ANANT RAMNATH HEGDE on 11-09-2026 - 3 - HC-KAR CNR: KAHC010010352026 NC: 2026:KHC:48870 CRL.P No. 239 of 2026 ORAL ORDER Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. 2. The Registry to show the name of Sri.Bipin Hegde, as learned counsel for the respondent No.2. 3. This petition is filed to quash the proceedings in Crime No.204/2025 for the alleged offences punishable under Sections 115(2), 109, 352, 351(2) and 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’), pending before the JMFC Court, Moodabidre, Mangalore City. 4. Learned counsel appearing for the petitioners, referring to the contents of the complaint, would submit that the parties allegedly had gathered to settle a dispute between two persons. The allegation is that, the petitioners assaulted the victim by hand and with an intention to kill the victim, they hit on his head, chest and shoulder and tried to kill him by squeezing his neck. Digitally Signed by ANANT RAMNATH HEGDE on 11-09-2026 - 4 - HC-KAR CNR: KAHC010010352026 NC: 2026:KHC:48870 CRL.P No. 239 of 2026 5. It is submitted that the people around them came and rescued the victim/complainant. 6. It is further alleged that there is a life threat to the complainant. Referring to the circumstances, the learned counsel for the petitioners would submit that admittedly the petitioners did not possess any weapon at the time of the alleged incident and allegedly the petitioners were present at the time of the incident to negotiate a settlement in respect of a pending dispute. 7. It is also urged that the dispute is between Sri.Sathish Shetty and respondent No.2. The petitioners are the relatives of the said Sathish Shetty. 8. The predecessor of this Court had issued a direction to the respondent-State to produce the records relating to the investigation and the same is made available to the Court. Digitally Signed by ANANT RAMNATH HEGDE on 11-09-2026 - 5 - HC-KAR CNR: KAHC010010352026 NC: 2026:KHC:48870 CRL.P No. 239 of 2026 9. The Court has perused the said records. The records produced do not indicate any weapon being used by the petitioners. 10. Learned counsel for the respondent No.2 would submit that to kill a person, it is not necessary that one should possess any weapon. It is urged that the matter requires trial. 11. Though there is merit in the submission that to attract Section 109 of the BNS, there is no need to possess weapon, considering the materials and the overall circumstances brought out in the records produced by the respondent-State, the Court is of the view that it appears that there was no intention to kill at the time of the alleged incident. 12. However, the contention of the petitioners that the complaint is false and there is no ground to proceed against the petitioners in respect of other offences, cannot be accepted. The Court finds that there are materials to proceed against the petitioners in respect of other alleged offences. Hence, the following: Digitally Signed by ANANT RAMNATH HEGDE on 11-09-2026 - 6 - HC-KAR CNR: KAHC010010352026 NC: 2026:KHC:48870 CRL.P No. 239 of 2026 ORDER (i) The petition is allowed-in-part. (ii) FIR insofar as the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, is concerned, is quashed. (iii) There shall be trial in respect of the other offences against the petitioners. (ANANT RAMANATH HEGDE) JUDGE RV List No.: 1 Sl No.: 12 . Digitally Signed by ANANT RAMNATH HEGDE on 11-09-2026