- 1 - HC-KAR CNR: KAHC010582812026 NC: 2026:KHC:51638 CRL.P No. 12971 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 12971 OF 2026 BETWEEN: DR.BHARATH M.ACHARI @ M. BHARATH AGED 55 YEARS, S/O MARAPPA SHETTY.M RESIDING AT 302, FAIR HEAVENS, 3RD FLOOR, SR LAYOUT, DODDANEKUNDI, BENGALURU CITY, KARNATAKA - 560037. …PETITIONER (BY SRI SAMEER S N.,ADVOCATE) AND: 1. THE STATE BY SIDDAPURA PS. REPRESENTED BY THE SENIOR PUBLIC PROSECUTOR, CITY CIVIL AND SESSIONS JUDGE COURT BANGALORE - 560001. 2. SRI B.S. RAGHUPATHI AGED ABOUT 74 YEARS JOINT SECRETARY KGMSDC SOCIETY REGD NO.383, 2ND G CROSS, 3RD BLOCK, 3RD STAGE, BASAVESHWARA NAGAR BANGALORE- 560079. …RESPONDENTS (BY SRI NAGHARISH G S, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.33/2026 REGISTERED BY THE RESPONDENT Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010582812026 NC: 2026:KHC:51638 CRL.P No. 12971 of 2026 NO.1 SIDDAPURA P.S. FOR THE OFFENCE P/U/S 316(5) OF BNS AND SUBMITTED TO THE 4TH ADDL.CMM COURT NRUPATUNGA ROAD, BENGALURU CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent No.1-State. 2. This petition is filed to quash the FIR No.33/2026 registered by Siddapura Police Station for the offence punishable under Section 316(5) of Bharatiya Nyaya Sanhita, 2023 ('BNS, 2023'). 3. Learned counsel for the petitioner submits that the petitioner is not a Government employee, but he is an outsourced employee, as such, Section 316(5) BNS, 2023 does not apply to the case. 4. It is also further submission of the learned counsel for the petitioner that necessary permission is obtained to Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010582812026 NC: 2026:KHC:51638 CRL.P No. 12971 of 2026 transfer of the amount which is referred to in the complaint, as such, there is no offence committed. 5. Learned High Court Government Pleader would submit that, there is an allegation in the complaint stating that the amount is released to the persons who do not have the necessary credentials and the records and details of the persons who have received the amount are not forthcoming. It is also submitted that the amount is transferred without necessary permission. 6. The Court is of the view that the matter has to be investigated. The necessary permission, the petitioner claims to have obtained will have to be looked into by the jurisdictional Police and all other records to be furnished by the petitioner will have to be looked into by the jurisdictional Police and thereafter they have to file an appropriate report. 7. It is made clear that the Court has not expressed anything on the merits and demerits of the complaint. All other contentions are kept open to be considered at the time of trial. Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010582812026 NC: 2026:KHC:51638 CRL.P No. 12971 of 2026 8. Accordingly, the Criminal Petition is disposed of. (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 18 Digitally Signed by ANANT RAMNATH HEGDE