- 1 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11170 OF 2025 BETWEEN: 1. SRI VIJAY @ VIJAY REDDY N V S/O SRI VENKATESH N AGED ABOUT 41 YEARS RESIDING AT NO.90 NEAR VENUGOPALSWAMY TEMPLE NALLURHALLI, WHITEFIELD, BENGALURU -66 2. SRI GURUPRASAD M S/O LATE SRI MUNIREDDY AGED 36 YEARS RESIDING AT 508 SGR DENTAL COLLEGE ROAD NEAR WATER TANK MUNNEKOLAL BENGALURU - 37 3. SRI GAGAN REDDY S/O SRI RAMESH REDDY AGED 26 YEARS RESIDING AT NO.197 LNT ROAD NEAR YALLAMMA TEMPLE MUNNEKOLALA, BENGALURU - 37 …PETITIONERS (BY SRI. RAJA R., ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 AND: 1. STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION BENGALURU 560079 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-1 2. SRI AKASH SINHA S/O A K SINHA AGED ABOUT 30 YEARS RESIDING AT NO. F905 CANDEUS SIGNATURE GUNJUR BENGALURU - 560 087 …RESPONDENTS (BY SRI. CHANNAPPA EARAPPA, HCGP FOR R1; SRI. VIKRAM PHADKE, ADVOCATE FOR R2) 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 ENTIRE PROCEEDINGS IN C.C.NO.66369/2024 REGISTERED BY MARATHAHALLI POLICE STATION PENDING ON THE FILE OF THE XXIX ADDL.CJM, COURT (29TH ACMM) MAYOHALL BENGALURU FOR THE OFFENCES P/U/S 341, 504, 506, 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the proceedings in C.C.No.66369/2024 registered for offences punishable under Sections 341, 504, 506 read with 34 of the IPC. 2. Heard Sri. Raja R., learned counsel appearing for the petitioners, Sri. Channappa Earappa, learned HCGP appearing for respondent No.1, Sri. Vikram Phadke, learned counsel appearing for respondent No.2. 3. Facts, in brief, germane are as follows: The petitioners are said to have overtaken the complainant’s car and tried to dodge the complainant after overtaking. A squabble thus began between the two. The squabble resulted in certain damage to the car of the complainant by these petitioners. The petitioners register a complaint before the jurisdictional police, which becomes a crime in Crime No.293/2024 for the afore-quoted offences. The - 4 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 police conduct investigation and file a charge sheet against these petitioners. The filing of the charge sheet is what has driven these petitioners to this Court in the subject petition. 4. Learned counsel appearing for the petitioners would vehemently contend that the complaint so registered against these petitioners is malafide and therefore, the complaint and further proceedings thereon should be quashed. 5. Learned counsel appearing for respondent No.2 would however take this Court through the charge sheet material to demonstrate that the complaint was in detail; everything is captured in the dashboard camera, which was affixed to the complainant’s car and therefore, there is abundant material to proceed against these petitioners for the aforesaid offences. Learned counsel submits that the charge sheet is filed and it is a matter of trial for the petitioners to come out clean thereon. 6. Learned HCGP would also toe the lines of the learned counsel appearing for respondent No.2 in seeking dismissal of the petition. - 5 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 7. Learned counsel appearing for the petitioners would join issue in contending that the incident happened on 09.06.2024 and the complaint is registered only on 16.06.2024, which is 7 days after the incident and therefore, the delay in registering the crime is fatal. 8. I have given my anxious consideration to the respective submissions made by the learned counsel and have perused the material on record. 9. The afore-narrated facts and link in the chain of events are all a matter of record. On the afternoon of 09.06.2024, the car belonging to the accused overtook the complainant’s car in a rage. The rage did not stop there since the road was filled with potholes and the complainant was driving his car slowly and at the time, a Swift car again seeks to overtake from the right side and stops the complainant's car. While overtaking the complainant's car, the Swift car crashed into an oncoming scooter. The petitioners blamed the complainant for crashing into the scooter, and a squabble broke out between the petitioners and the complainant. The - 6 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 complainant registers the crime in Crime No.293/2024 on the said incident though after 7 days delay. The complaint is lucid and vivid. It reads as follows: "Dear Sir, I am Aakash Sinha, Male, Aged 30, s/o A.K Sinha, residing at F905, Candeur Signature, Bangalore-560087 and working as a private employee at SAP Labs. I am writing this complaint to register my FIR against 5 unknown persons (White Swift car driver, White Nissan Micra car Driver, Black shirt person from Vitara Brezza car, Green sweatshirt person riding Scooter, and given name Guruprasad Munireddy who emailed to defame me) for wrongful restraint, criminal intimidation, intentional insult with intent to provoke breach of peace, putting a person in fear of death or grievous hurt in order to commit extortion, criminal conspiracy, defamation, and public nuisance. On 9th June 2024, around 2pm, I left my residence in my car Volkswagen Virtus (KA 53 ML 5680). I was headed towards Kundanahalli to visit my sister. I took the route via Vibgyor high school road since it usually has less traffic. Around halfway (Near Silver Woods Main road) I realized that a White Swift car (KA 03 MT 6613) and a White Nissan Micra car (KA 53 MB 3812) were constantly trying to overtake me and race with my car. To avoid them, I changed my route and decided to take the Munnekolala road. The Munnekolala road is a dirt road with many potholes. So, I was driving slowly behind a tractor when the White Swift car tried to overtake again from the right side. He failed at overtaking me but because he was driving dangerously, he appeared to drive into a scooter No. ΚΑ 53 HP 5320. A picture of this incident of the White Swift Car failing at overtaking me is attached with this complaint. - 7 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 I stopped to check what happened, the White Swift car driver started hurling abuses at me and he was voting used words such as: Abusive Word Meaning (in English) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I started driving my car ahead to avoid the breach of peace. Then the White Swift car overtook me again this time from the left side and stopped in front of me, wrongfully restraining me in the process. A picture of the White Swift Car wrongfully restraining me is attached with this complaint. The White Nissan Micra car mentioned earlier also overtook me and further blocked my way, wrongfully restraining me too. A picture of this incident with the Nissan Micra car blocking my way is attached with this complaint. The White Swift car driver got out of the car and continued to verbally abuse me and criminally intimidate me. A picture of this incident and the driver abusing me is attached with this complaint. Before I could realize what was happening, a crowd assembled in what seemed to be a pre-planned ambush as part of a conspiracy and surrounded my car, blocking me from all directions and wrongfully restraining me further. A picture of the assembled crowd blocking me is attached with this complaint. Around 2:14pm, another car, a White Vitara Brezza also came and joined the aggressors, it had black tinted windows. A - 8 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 picture of this White Vitara Brezza joining the crowd is attached herewith. At this moment I called the police helpline and gave them my location, the complaint ID is CFS1776776. A screenshot of the SMS from the Police Control Room of this complaint is attached with this complaint. The crowd were constantly asking me to get down from the car. They then started hitting my car with their fists. After this, the drivers of all three cars along with others started extorting me for money to cover the damage done to the scooter when I had not even touched any other vehicle with my car. The White Nissan Micra driver, along with others, threatened me to get down from the car and pay money for the damage to the scooter. A picture of the White Nissan Micra car driver pointing to the scooter and extorting me is attached with this complaint. An unknown person wearing a green sweatshirt who had joined the crowd on a scooter (KA 53 HH 0743) told me to park the car on the side. A picture of the green sweatshirt person gesturing me to park the car is attached herewith. Another unknown person in a black T-shirt, who had reached the spot in the White Vitara Brezza, picked up a huge stone and threatened to hit me grievously if I didn't park and got down from the car. Several pictures of this person holding the big stone, threatening me with it, and even chasing me while carrying the stone to hit me as I tried reversing the car, are attached with this complaint. I tried escaping but the White Swift car in front of me once again tried to block me and wrongfully restrain me, a picture of the White Swift car trying to block me again is attached with this complaint. But somehow I noticed a gap in the middle of the Swift and Micra and managed to escape from the place. In addition to the pictures, I have a dashcam recording as evidence of the entire aforementioned sequence of - 9 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 events. The recording is attached in a pen drive herewith and a synopsis of events as per the video timeline is also attached with this complaint. These men also clicked pictures of my car and noted down my car's registration number. Since my car is under corporate car lease policy, one of the men named Guruprasad Munireddy got the details of the car from the RTO portal and sent an email to my company with false and defamation laden claims of me having hit & run and that I was drunk. The mail also contains a mobile number given by this person Guruprasad Munireddy. A copy of this defamatory email to my company is attached herewith. Due to this person's email to my company, my reputation has been defamed and I have become the object of suspicion at my own company even though I have done nothing wrong. "There was a delay in filing my FIR because I was very scared of this criminal behaviour and was worred that they might attack me if I take legal action, but after speaking with some friends and family I was able to gather the courage to come today and file this complaint for my FIR. Therefore, I request you to register my FIR against these 5 unknown people for wrongful restraint, criminal intimidation, intentional insult with intent to provoke breach of peace, putting a person in fear of death or grievous hurt in order to commit extortion, criminal conspiracy, defamation, and public nuisance. I am also attaching their pictures as taken by my car's Dashcam." (Emphasis added) The police conduct investigation and file a charge sheet against these petitioners for offences punishable under Sections - 10 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 341, 504 and 506 read with 34 of the IPC. The summary of the charge sheet as obtaining in column No.17 reads as follows: “17. ೇ ನ ೇ ನ ೇ ನ ೇ ನ ಸಂ ಪ ಸಂ ಪ ಸಂ ಪ ಸಂ ಪ ಾಾಂಶ ಾಾಂಶ ಾಾಂಶ ಾಾಂಶ ೋಾೋಪಾ ಪಯ ಾಲಂ ನಂ. 14 ರ ನಮೂ ರುವ 1#ೇ ಾ ರವರು #ಾಂಕ:09-06-2024 ರಂದು ಮ&ಾ'ಹ) ಸು*ಾರು 2-00 ಗಂ,ೆಯ ಸಮಯದ Volkswagen Virtus Car KA-53 ML-5680 ಾರನ, ವತೂ./0ಂದ ಾ1ಪ2ರದ ಕ3ೆ4ೆ 5ೋಗು6ರು7ಾಗ *ಾರತಹ89, :ೕ; <ಾಾ ಸರಹ 1ನ ಮು#ೆ)ೕೊಳ>ಾದ 7ಾUÉÝÃ? ?>ಾಸ ಸೂ@A ೋಡನ. ಾಲಂ ಾಲಂ ಾಲಂ ಾಲಂ ನಂ ನಂ ನಂ ನಂ. 12 ರ ರ ರ ರ, ನಮೂ ರುವ ನಮೂ ರುವ ನಮೂ ರುವ ನಮೂ ರುವ 1#ೇ #ೇ #ೇ #ೇ ಆೋDಯು ಆೋDಯು ಆೋDಯು ಆೋDಯು ತನ) ತನ) ತನ) ತನ) White Swift Car KA-03 MT-6613 ಾರನು) ಾರನು) ಾರನು) ಾರನು) 1#ೇ #ೇ #ೇ #ೇ ಾ ಾ ಾ ಾ ಾ/ನ ಾ/ನ ಾ/ನ ಾ/ನ ಬಲಬ Fಂದ ಬಲಬ Fಂದ ಬಲಬ Fಂದ ಬಲಬ Fಂದ ಓವರ,ೇH ಓವರ,ೇH ಓವರ,ೇH ಓವರ,ೇH *ಾIೊಂಡು *ಾIೊಂಡು *ಾIೊಂಡು *ಾIೊಂಡು 5ೋJದ1 5ೋJದ1 5ೋJದ1 5ೋJದ1 ಾರಣ ಾರಣ ಾರಣ ಾರಣ ಎದುರುಗ3ೆ ಎದುರುಗ3ೆ ಎದುರುಗ3ೆ ಎದುರುಗ3ೆ ಬರು6ದ1 ಬರು6ದ1 ಬರು6ದ1 ಬರು6ದ1 2#ೇ #ೇ #ೇ #ೇ ಾ ಾ ಾ ಾ ರವರು ರವರು ರವರು ರವರು Mಾಲ#ೆ Mಾಲ#ೆ Mಾಲ#ೆ Mಾಲ#ೆ *ಾIೊಂಡು *ಾIೊಂಡು *ಾIೊಂಡು *ಾIೊಂಡು 5ೋಗು 5ೋಗು 5ೋಗು 5ೋಗು6ದ1 6ದ1 6ದ1 6ದ1 ಆN7ಾ ಆN7ಾ ಆN7ಾ ಆN7ಾ ಸೂ@ಟP ಸೂ@ಟP ಸೂ@ಟP ಸೂ@ಟP ನಂ ನಂ ನಂ ನಂ. KA-53 HP-5320 4ೆ4ೆ4ೆ4ೆ ಟQ ಟQ ಟQ ಟQ *ಾIದ1/ಂದ *ಾIದ1/ಂದ *ಾIದ1/ಂದ *ಾIದ1/ಂದ 1#ೇ #ೇ #ೇ #ೇ ಆೋDಯು ಆೋDಯು ಆೋDಯು ಆೋDಯು 1#ೇ #ೇ #ೇ #ೇ ಾ ಾ ಾ ಾ ರವೊಂ 4ೆ ರವೊಂ 4ೆ ರವೊಂ 4ೆ ರವೊಂ 4ೆ 0ನ) 0ನ) 0ನ) 0ನ) ಾರು ಾರು ಾರು ಾರು RೕS RೕS RೕS RೕS ಆJ ಆJ ಆJ ಆJ ಬಂ ದ1/ಂದ ಬಂ ದ1/ಂದ ಬಂ ದ1/ಂದ ಬಂ ದ1/ಂದ ಈ ಈ ಈ ಈ /ೕ6 /ೕ6 /ೕ6 /ೕ6 ಆJೆ ಆJೆ ಆJೆ ಆJೆ ಎಂದು ಎಂದು ಎಂದು ಎಂದು 5ೇ8 5ೇ8 5ೇ8 5ೇ8 ಜಗಳ ಜಗಳ ಜಗಳ ಜಗಳ *ಾIದು1 *ಾIದು1 *ಾIದು1 *ಾIದು1, ನಂತರ ನಂತರ ನಂತರ ನಂತರ 1#ೇ #ೇ #ೇ #ೇ ಾ ಾ ಾ ಾ ರವರು ರವರು ರವರು ರವರು ತನ) ತನ) ತನ) ತನ) ಾರನು) ಾರನು) ಾರನು) ಾರನು) Mಾಲ#ೆ Mಾಲ#ೆ Mಾಲ#ೆ Mಾಲ#ೆ *ಾIೊಂಡು *ಾIೊಂಡು *ಾIೊಂಡು *ಾIೊಂಡು ಮುಂೆ ಮುಂೆ ಮುಂೆ ಮುಂೆ 5ೋಗು6ರು7ಾಗ 5ೋಗು6ರು7ಾಗ 5ೋಗು6ರು7ಾಗ 5ೋಗು6ರು7ಾಗ 1#ೇ #ೇ #ೇ #ೇ ಆೋDಯು ಆೋDಯು ಆೋDಯು ಆೋDಯು ತನ) ತನ) ತನ) ತನ) Vೕ Vೕ Vೕ VೕW W W W ಾರನು) ಾರನು) ಾರನು) ಾರನು) ರೆಯ ರೆಯ ರೆಯ ರೆಯ 1#ೇ #ೇ #ೇ #ೇ ಾ ಾ ಾ ಾ ರವರ ರವರ ರವರ ರವರ ಾ/4ೆ ಾ/4ೆ ಾ/4ೆ ಾ/4ೆ ಅಡY ಅಡY ಅಡY ಅಡY 0 ದು1 0 ದು1 0 ದು1 0 ದು1, ಅಷರ ಅಷರ ಅಷರ ಅಷರ, ಅ4ೆ ಅ4ೆ ಅ4ೆ ಅ4ೆ 2, 3 & 4#ೇ #ೇ #ೇ #ೇ ಆೋDಗಳ[ ಆೋDಗಳ[ ಆೋDಗಳ[ ಆೋDಗಳ[ ಬಂ ದು1 ಬಂ ದು1 ಬಂ ದು1 ಬಂ ದು1, 1, 2, 3 & 4#ೇ #ೇ #ೇ #ೇ ಆೋDಗಳ[ ಆೋDಗಳ[ ಆೋDಗಳ[ ಆೋDಗಳ[ ಸ*ಾನ ಸ*ಾನ ಸ*ಾನ ಸ*ಾನ ಉೆ1ೕಶ ಂದ ಉೆ1ೕಶ ಂದ ಉೆ1ೕಶ ಂದ ಉೆ1ೕಶ ಂದ 1#ೇ #ೇ #ೇ #ೇ ಾ ಾ ಾ ಾ ರವ/4ೆ ರವ/4ೆ ರವ/4ೆ ರವ/4ೆ ]ೋ8 ]ೋ8 ]ೋ8 ]ೋ8 ಮಗ#ೆ ಮಗ#ೆ ಮಗ#ೆ ಮಗ#ೆ, 0ನ)ಮ^_ 0ನ)ಮ^_ 0ನ)ಮ^_ 0ನ)ಮ^_ ಎಂ`aಾ' ಎಂ`aಾ' ಎಂ`aಾ' ಎಂ`aಾ' ಅ7ಾಚ' ಅ7ಾಚ' ಅ7ಾಚ' ಅ7ಾಚ' ಶಬ1ಗ8ಂದ ಶಬ1ಗ8ಂದ ಶಬ1ಗ8ಂದ ಶಬ1ಗ8ಂದ ]ೈದು ]ೈದು ]ೈದು ]ೈದು, ಾ/0ಂದ ಾ/0ಂದ ಾ/0ಂದ ಾ/0ಂದ ಇ8ಯುವಂaೆ ಇ8ಯುವಂaೆ ಇ8ಯುವಂaೆ ಇ8ಯುವಂaೆ ೊ>ೆ ೊ>ೆ ೊ>ೆ ೊ>ೆ ]ೆದ/ ]ೆದ/ ]ೆದ/ ]ೆದ/ೆೆೆೆ 5ಾNರುವ2ದು 5ಾNರುವ2ದು 5ಾNರುವ2ದು 5ಾNರುವ2ದು ತ0eೆFಂದ ತ0eೆFಂದ ತ0eೆFಂದ ತ0eೆFಂದ ದೃಢಪರುತೆ ದೃಢಪರುತೆ ದೃಢಪರುತೆ ದೃಢಪರುತೆ. ಆದ1/ಂದ ಆೋDಗಳ ?ರುದh iೕಲ@ಂಡ ಕಲಂಗಳ /ೕತ' ೋಾೋಪಾ ಪ.” (Emphasis added) If the complaint and summary of the charge sheet are read in tandem, what would unmistakably emerge is that, the petitioners did block the way of the complainant, and hurled abuses at the complainant. - 11 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 10. The Apex Court, in the case of KEKI HORMUSJI GHARDA v. MEHERVAN RUSTOM IRANI1, while considering what would become the ingredients of the offence punishable under Section 341 of the IPC, has held as follows: “…. …. …. 12. “Wrongful restraint” has been defined under Section 339 IPC in the following words: “339. Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.” The essential ingredients of the aforementioned provision are: (1) Accused obstructs voluntarily; (2) The victim is prevented from proceeding in any direction; (3) Such victim has every right to proceed in that direction. 13. Section 341 IPC provides that: “341. Punishment for wrongful restraint.— Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.” 1 (2009) 6 SCC 475 - 12 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 14. The word “voluntary” is significant. It connotes that obstruction should be direct. The obstructions must be a restriction on the normal movement of a person. It should be a physical one. They should have common intention to cause obstruction.” (Emphasis supplied) In the light of the afore-quoted judgment of the Apex Court, the petitioners blocking the way of the complainant would bring out the ingredients of the offence of wrongful restraint punishable under Section 341 of the IPC. Therefore, it is for the petitioners to come out clean in a full blown trial. 11. Insofar as delay is concerned, it becomes apposite to quote the judgment of the Apex Court in the case of SEKARAN v. STATE OF TAMIL NADU,2 wherein it is held as follows: “…. …. …. 14. We start with the FIR, to which exception has been taken by the appellant urging that there has been no satisfactory explanation for its belated registration. It is trite that merely because there is some delay in lodging an FIR, the same by itself and without anything more ought not to weigh in the mind of the courts in all cases as fatal for the prosecution. A realistic and pragmatic approach has to be adopted, 2 (2024) 2 SCC 176 - 13 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 keeping in mind the peculiarities of each particular case, to assess whether the unexplained delay in lodging the FIR is an afterthought to give a coloured version of the incident, which is sufficient to corrode the credibility of the prosecution version. 15. In cases where delay occurs, it has to be tested on the anvil of other attending circumstances. If on an overall consideration of all relevant circumstances it appears to the court that the delay in lodging the FIR has been explained, mere delay cannot be sufficient to disbelieve the prosecution case; however, if the delay is not satisfactorily explained and it appears to the court that cause for the delay had been necessitated to frame anyone as an accused, there is no reason as to why the delay should not be considered as fatal forming part of several factors to vitiate the conviction.” (Emphasis supplied) The Apex Court, in terms of the afore-quoted judgment, holds that mere delay in registering the FIR would not be fatal to the prosecution if the circumstances leading to such delay in registering the FIR has been explained. A paragraph in the complaint is dedicated to the explanation for the delay in registering the complaint. Even otherwise, 7 days delay is not fatal to the case that is projected. The petitioners shall face trial and come out clean thereon. - 14 - HC-KAR NC: 2026:KHC:13590 CRL.P No. 11170 of 2025 12. With the aforesaid observations, the petition stands dismissed. SD/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 0 CT:SG