Karnataka High Court

Sri. Punith. P vs State By Basaveshwaranagara Police on 15 July, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                              NC: 2025:KHC:26107
                                                           WP No. 20913 of 2025


                    HC-KAR



                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 15TH DAY OF JULY, 2025

                                                 BEFORE
                          THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                             WRIT PETITION NO.20913 OF 2025 (GM-RES)
                   BETWEEN:

                   SRI. PUNITH. P
                   W/O. PRAKASH
                   AGED ABOUT 28 YEARS,
                   R/AT NO.46, 9TH MAIN,
                   SRINIVASNAGAR,
                   SUNKADAKATTE PIPELINE ROAD,
                   BANGALORE - 560 099.
                                                                     ...PETITIONER
                   (BY SRI. GIRI K., ADVOCATE)
                   AND:

                   STATE BY BASAVESHWARANAGARA POLICE
                   REPRESENTED BY GOVERNMENT PLEADER
                   HIGH COURT OF KARNATAKA,
                   BANGALORE - 560 001.
                                                                   ...RESPONDENT
Digitally signed   (BY SRI.B.N. JAGADEESHA, ADDL.SPP)
by CHANDANA
BM                        THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
Location: High     CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR AND COMPLAINT
Court of           IN CRIME NO.266/2025, FILED BY THE 1ST RESPONDENT AGAINST THE
Karnataka          PETITIONER FOR OFFENCES PUNISHABLE UNDER SECTIONS 316(2)
                   318(4), 351(2), 352 R/W SECTION 190 OF BNS ACT AND SECTION 9 OF
                   KPID ACT (ANNEXURE A), PRESENTLY PENDING BEFORE THE PRL. CITY
                   CIVIL AND SESSIONS JUDGE, BENGALURU.

                        THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS
                   MADE THEREIN AS UNDER:



                   CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                                   -2-
                                                  NC: 2025:KHC:26107
                                              WP No. 20913 of 2025


HC-KAR



                           ORAL ORDER

In this petition, petitioner seeks the following reliefs:

"(a) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction to quash the FIR & Complaint in Crime No.266/2025, filed by the 1st Respondent against the petitioner for offences punishable under Sections 316(2), 318(4), 351(2), 352 r/w Section 190 of BNS Act and Section 9 of KPID Act (Annexure-A), presently pending before the Prl. City Civil & Sessions Judge, Bengaluru.

(b) Issue a writ in the nature of certiorari declaring that the arrest of the petitioner / accused No.2 in Crime No.266/2025, for the offence punishable under Sections 316(2), 318(4), 351(2), 352 r/w Section 190 of BNS Act and Section 9 of KPID Act by the Basaveshwara Nagar Police is illegal without adhering to the rule of law as held by the Supreme Court reported in (2022) 10 SCC 51 any other appropriate writ, order or direction, presently pending before the Prl. City Civil and Sessions Judge, Bengaluru.

(c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to immediately release the petitioner / accused No.2 in Crime No.266/2025, for the offence punishable under Sections 316(2), 318(4), 351(2) r/w Section 190 of BNS Act and Section 9 of KPID Act filed by the Respondent No.1 (Annexure-A).

(d) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction to quash the entire proceedings on the file of Crime No.266/2025, pending before the Prl. City Civil & Sessions Judge at Bangalore, for the

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offences punishable under Sections 316(2), 318(4), 351(2), 352 r/w Section 190 of BNS Act and Section 9 of KPID Act, as against the petitioner herein.

(e) Grant such other relief that his Hon'ble Court may deem fit in the facts and circumstances of the case."

2. Heard learned counsel for the petitioner and learned

Additional SPP for the respondent and perused the material on

record.

3. A perusal of the material on record will indicate that

one Smt. Kusuma M.- complainant filed the instant complaint which

is registered as FIR in Crime No.266/2025 dated 08.07.2025 at

9.45 a.m. against petitioner / accused No.2 and other persons for

the alleged offences punishable under Sections 316(2), 318(4),

351(2), 352, 190 of BNS, 2023. In pursuance of the same,

respondent - Police Authorities issued notice dated 08.07.2025

under Section 35(3) of BNSS to the petitioner.

4. The said notice reads as under:

"¨sÁgÀwÃAiÀÄ £ÁUÀjÃPÀ ¸ÀÄgÀPÁë ¸ÀA»vÉAiÀÄ 35(3)£À ¥ÀæPÀgÀtzÀ ªÉÄÃgÉUÉ £ÉÆÃnÃ¸ÀÄ

F ªÀÄÆ®PÀ vÀªÄÀ UÉ w½AiÀÄ¥Àr¸ÀÄªÀÅzÉÃ£ÉAzÀgÉ, ¥ÀæPÀgÀtzÀ ¦gÁåzÀÄzÁgÀgÁzÀ ²æÃªÀÄw PÀÄ¸ÀÄªÀÄ JA. PÉÆÃA ¯ÉÃ ¸ÀÄ¤Ã¯ï lPÀÄæ, 50ªÀµÀð

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gÀªÀgÀÄ F ¢£À ¢£ÁAPÀ: 08/07/2025 gÀAzÀÄ oÁuÉUÉ ºÁdgÁV vÀªÄÀ ä£ÄÀ ß £ÀA©¹ MlÄÖ 95,00,000/- gÀÆ. ºÀtªÀ£ÀÄß ¥ÀqÉzÄÀ PÉÆAqÀÄ ªÉÆÃ¸À ªÀiÁr CªÁZÀå ±À§ÝUÀ½AzÀ ¨ÉÊzÀÄ, fÃªÀ ¨ÉzÀjPÉ ºÁQgÀÄªÀ §UÉÎ vÀªÀÄä ºÁUÀÆ ¸ÀwÃ±ï, ªÀ°äPÁ, zÀ±Àð£ï, ¯ÉÆÃPÉÃ±ï, ²æÃzsÀgï ºÁUÀÆ ¸ÀÄ¤Ãvï gÀªÀgÄÀ UÀ¼À «gÀÄzÀÝ ¤ÃrgÀÄªÀ zÀÆj£À ªÉÄÃgÉUÉ §¸ÀªÉÃ±ÀégÀ£ÀUÀgÀ ¥ÉÆ°Ã¸ï oÁuÁ ªÉÆ.¸ÀA.266/2025 PÀ®A 316(2), 318(4) ¸À»vÀ 190(2) ©.J£ï.J¸ï jÃvÀå ¥ÀæPÀgÀt zÁR¯ÁVzÀÄÝ, vÀ¤SÉ PÉÊUÉÆArgÀÄvÀÛzÉ.

ªÉÄÃ®ÌAqÀ ¥ÀæPÀgÀtzÀ°è ¤ÃªÀÅ J2 DgÉÆÃ¦AiÀiÁVzÀÄÝ, ªÉÄÃ®ÌAqÀ zÀÆj£À «µÀAiÀÄzÀ°è ¤ªÀÄä£ÀÄß «ZÁgÀuÉUÉ M¼À¥Àr¸À¨ÉÃPÁVgÀÄªÀÅzÀjAzÀ, vÁªÀÅ F PÀÆqÀ¯ÉÃ F PÉ¼ÀUÉ ¸À» ªÀiÁrgÀÄªÀ ¥ÀæPÀgÀtzÀ vÀ¤SÁ¢üPÁjAiÀiÁzÀ £À£Àß ªÀÄÄAzÉ ºÁdgÁUÀ®Ä ¸ÀÆa¹zÉ.

F £ÉÆÃnÃ¸ï£ÉÆA¢UÉ ¥ÀæPÀgÀtzÀ ¥Àæ.ªÀ.ªÀgÀ¢ ºÁUÀÆ zÀÆj£À ¥ÀæwAiÀÄ£ÀÄß ®UÀwÛ¹zÉ."

5. As can be seen from the aforesaid notice issued under

Section 35(3) of BNSS calls upon the petitioner - accused No.2 to

appear before the respondent on the very same day even without

specifying the time for his appearance. Interestingly, on the very

same day i.e., 08.07.2025 at 5.00 p.m. the petitioner - accused

No.2 was arrested as alleged in the remand application filed by the

respondent.

6. A perusal of the Notice under Section 35(3) of BNSS,

2023 and other material on record is sufficient to come to the

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conclusion that pursuant to issuing the aforesaid notice under

Section 35(3) of BNSS on 08.07.2025, the respondent would

clearly not be entitled to cause the arrest of the petitioner at

5 p.m. on the very same day i.e., 08.07.2025 itself without following

procedure prescribed under Sections 35(3), (4), (5) and (6) of

BNSS Act, 2023.

7. In this context, learned Additional SPP on instructions

would fairly submit that in the first instance, there was no necessity

for the respondent to even issue the notice under Section 35(3) of

BNSS, 2023 and having issued the said notice, it was necessary

that the respondent ought to have specified the specific time for

appearance and also provided sufficient and reasonable time for

the petitioner to appear and comply with the said notice as held by

the Hon'ble Apex Court in the cases of Arnesh Kumar vs. State of

Bihar - (2014) 8 SCC 273, Satender Kumar Antil vs. CBI - (2022) 10

SCC 51 and Sri Tavaragi Rajashekhar Shiva Prasad Vs. The State of

Karnataka and Ors - W.P.No.15125/2024 dated 19.07.2024. Learned

Additional SPP also submits that in view of the aforesaid lacunae

and arrest of the petitioner within six hours of registration of FIR

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and even lesser time gap from the time of issuance of Section

35(3) Notice, the impugned arrest of petitioner may be set aside.

8. In view of the aforesaid facts and circumstances of the

case and submissions made by learned Additional SPP, I am of the

considered opinion that the impugned arrest of petitioner by the

respondent - Police Authorities is illegal and contrary to law and

especially the provisions contained under Sections 35(3), (4), (5)

and (6) of BNSS, 2023 and the judgments referred to supra and

hence, the impugned arrest of petitioner - accused No.2 deserves

to be quashed.

9. Learned counsel for the petitioner submits that the

petitioner intends to file an application seeking bail / anticipatory

bail before the Trial Court, which may be directed to be considered

and disposed of the said application within a stipulated time frame.

10. In view of the aforesaid facts and circumstances, I

deem it just and appropriate to partly allow the present petition to

the limited / restricted extent of quashing the impugned arrest of

petitioner - accused No.2 and by issuing certain directions in this

regard.

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11. In the result, I proceed to pass the following:

ORDER

i) The petition is hereby allowed-in-part..

ii) The impugned arrest of the petitioner - accused No.2 on 08.07.2025 pursuant to the FIR in Crime No.266/2025 is hereby quashed.

iii) The respondent - police and the concerned jail authorities are directed to release the petitioner

- accused No.2, immediately, forthwith, without any delay.

iv) Liberty is reserved in favour of the petitioner to file the application for bail / anticipatory bail, which shall be considered by the Trial Court, which shall pass appropriate orders on the said application to be filed by the petitioner within a period of one week from the date of petitioner filing the application.

v) Respondent - Police Authorities are directed not to take precipitative / coercive steps against the petitioner nor arrest him for a period of ten days from today subject to the petitioner co-operating with the investigation, which is being conducted by the respondent - Police Authorities.

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vi) Liberty is reserved in favour of petitioner to file fresh petition and also take recourse to such other remedies as available in law and including approaching this Court, subsequently, if occasion so arises.

Registry is directed to communicate this order to the 1st

respondent - Police as well as the Jail Authorities forthwith without

any delay both electronically and telephonically to enable

immediate implementation of this order.

Hand delivery of this order is permitted.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

SV