- 1 - HC-KAR NC: 2026:KHC-D:468 CRL.P No. 104691 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104691 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: HANAMANTH S/O GOVINDAPPA HUDDAR AGE 55 YEARS, OCC. TEACHER R/O. NEAR KSRTC BUS DEPO, MUDHOL TALUK MUDHOL DIST BAGALKOT PIN-587103. …PETITIONER (BY SRI. ANAND BAGEWADI, ADVOCATE FOR SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR THROUGH MUDHOL P S, BAGALKOT, HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD-580011. 2. VIDYA W/O LAXMAN METAGUDD AGE 53 YEARS, OCC. HOUSEHOLD WORK R/O. VIDYAGIRI COLONY WARD NO.15, NEAR R M G COLLAGE, MUDHOL TALUK MUDHOL, DIST BAGALKOT-587103. 3. KESHAPPA S/O HANAMAPPA JEER AGE 79 YEARS, OCC. COOLIE R/O. VIDYAGIRI COLONY WARD NO.15, NEAR R M G COLLAGE MUDHOL TALUK, MUDHOL DIST BAGALKOT-587103. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. N.D. GUNDE, ADVOCATE FOR R2 AND R3) THIS CRIMINAL PETITION IS FILED U/S. 528 OF BNSS, OF 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PCR Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:468 CRL.P No. 104691 of 2025 NO.371/2024 AND REGISTRATION OF THE FIR NO.0011/2025 DATED 08.01.2025 IN MUDHOL PS AGAINST THE PETITIONER I.E., ACCUSED NO.4 IS CONCERNED FOR AN OFFENCE P/U/S 198, 199, 201, 217, 229, 233, 234, 235, 318(ii), 319 (ii), 324 (ii), 326(e), 336(ii), 337, 336(iii), 61(ii), 3(5) OF BNS, 2023 PENDING ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND JMFC MUDHOL, BAGALKOT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Anand Bagewadi, learned counsel appearing for Sri Shivaraj P. Mudhol, learned counsel for the petitioner; Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1; and Sri Neelendra D. Gunde, learned counsel for respondent Nos.2 and 3. 2. The present petition has come to be filed in respect of proceedings initiated by respondent No.2 before the Additional Senior Civil Judge and JMFC, Mudhol, under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’). - 3 - HC-KAR NC: 2026:KHC-D:468 CRL.P No. 104691 of 2025 3. It is contended that no cognizance was taken and no enquiry was held, nor was the accused notified before taking cognizance. 4. However, the police stated to have registered the case without there being any order of the Magistrate in Crime No.11/2025, which is wholly contrary to the established procedure and scheme of the BNSS. 5. Since the police, without any authority, registered the case, the said FIR in Crime No.11/2025 is liable to be quashed. 6. The matter requires to be remitted to the Magistrate to proceed in accordance with law after holding the necessary enquiry and notifying the accused. 7. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC Ct-cmu LIST NO.: 2 SL NO.: 73