Karnataka High Court
Smt Savitha G vs State Of Karnataka on 14 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:25818
WP No. 20755 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 20755 OF 2025 (GM-RES)
BETWEEN:
1. SMT SAVITHA G
WO GANESH M.
AGED ABOUT 50 YEARS,
R/AT NO. 16, 1ST CROSS,
NEAR BBMP OFFICE, LAKSHMI NAGARA,
BASAVESHWARANAGAR,
BENGALURU - 560 079.
2. V. SRIDHAR MURTHY
S/O M. VENKATESH MURTHY,
AGED ABOUT 46 YEARS,
R/AT NO. 48, SHARADA NIVASA,
NEAR CANADIAN SCHOOL,
MUDDAHANUMAYYA LAYOUT,
BENGALURU - 562 123.
...PETITIONERS
Digitally signed (BY SRI. SIDDHARTH SUMAN, ADVOCATE)
by CHANDANA
BM AND:
Location: High 1. STATE OF KARNATAKA
Court of
Karnataka BY BASAVESHWARANAGAR P.S.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. SMT. KUSUMA M.
W/O LATE SUNIL TRAKRU,
AGED ABOUT 50 YEARS,
R/AT NO. 67, 3RD CROSS,
KALIDASA LAYOUT, SRINAGARA,
BENGALURU - 560 050.
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R-1
SRI. K.V. MANOJ, ADVOCATE FOR R-2)
-2-
NC: 2025:KHC:25818
WP No. 20755 of 2025
HC-KAR
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITION OF INDIA R/W SECTION 528 OF BNSS, PRAYING TOQUASH
THE FIR AND COMPLAINT BOTH DTD 08.07.25 IN CRIME NO. 0266/2025
AT ANNEXURE A AND A1, REGISTERED BY RESPONDENT NO. 1 POLICE
FOR OFFENCES PUNISHABLE UNDER SECTIONS 316, 318(4), 351, 352,
AND 190 OF THE BHARATIYA NYAYA SANHITA, 2023 WHICH IS NOW
PENDING BEFORE THE IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT
BENGALURU, IN SO FAR AS THE PETITIONERS ABOVE-NAMED ARE
CONCERNED AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek for the following reliefs:
"A. Quash the FIR and complainant both dated:
08.07.2025 in Crime No. 0266/2025 at Annexure-A and A1 ,
registered by Respondent No.1 Police for offences
punishable under Sections 316, 318(4), 351, 352 and 190 of
the Bharatiya Nyaya Sanhita, 2023 which is now pending
before the IV Additional Chief Judicial Magistrate at
Bengaluru, in so far as the Petitioners above-named are
concerned.
B. Declare the arrest of the Petitioner No.1
connection with Crime No.0266/2025 and the subsequent
remand to police custody by the Hon'ble Principal City Civil
and Sessions Judge at Bengaluru of the Petitioner No.1 at
Annexure-B, as illegal and violative of Articles 21 and 22 of
the Constitution of India;
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C. Pass such other order(s) as this Hon'ble Court
may deem fit in the facts and circumstances of the case in
the interest of justice and equity."
2. Heard learned counsel for the petitioners, learned
Additional SPP for respondent No.1, learned counsel for
respondent No.2 and perused the material on record.
3. A perusal of the material on record will indicate that
respondent No.2-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 petitioners/accused Nos.1 and 7 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 No.1/Police Authorities issued notice dated 08.07.2025
under Section 35(3) of BNS to petitioner No.1.
4. The said notice reads as under:
" ¨sÁgÀwÃAiÀÄ £ÁUÀjÃPÀ ¸ÀÄgÀPÁë ¸ÀA»vÉAiÀÄ 35(3) £À ¥ÀæPÀgÀtzÀ
ªÉÄÃgÉUÉ £ÉÆÃnøÀÄ
F ªÀÄÆ®PÀ vÀªÄÀ UÉ w½AiÀÄ¥Àr¸ÀĪÀÅzÉãÉAzÀgÉ, ¥ÀæPÀgÀtzÀ
¦gÁåzÀÄzÁgÀgÁzÀ ²æêÀÄw PÀĸÀĪÀÄ JA. PÉÆÃA ¯Éà ¸ÀĤïï nPÀÄæ, 50ªÀµÀð
gÀªÀgÀÄ F ¢£À ¢£ÁAPÀ: 08/07/2025 gÀAzÀÄ oÁuÉUÉ ºÁdgÁV vÀªÄÀ ä£ÄÀ ß
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£ÀA©¹ MlÄÖ 95,00,000/- gÀÆ. ºÀtªÀ£ÀÄß ¥ÀqÉzÄÀ PÉÆAqÀÄ ªÉÆøÀ ªÀiÁr
CªÁZÀå ±À§ÝUÀ½AzÀ ¨ÉÊzÀÄ, fêÀ ¨ÉzÀjPÉ ºÁQgÀĪÀ §UÉÎ vÀªÀÄä ºÁUÀÆ
¸Àwñï, ªÀ°äPÁ zÀ±Àð£ï, ¯ÉÆÃPÉñï, ²æÃzsÀgï ºÁUÀÆ ¸ÀĤÃvï gÀªÀgÀÄUÀ¼À
«gÀÄzÀÝ ¤ÃrgÀĪÀ zÀÆj£À ªÉÄÃgÉUÉ §¸ÀªÉñÀégÀ£ÀUÀgÀ ¥ÉÆð¸ï oÁuÁ
ªÉÆ.¸ÀA.266/2025 PÀ®A 316(2), 318(4) ¸À»vÀ 190(@) ©J£ïJ¸ï jÃvÀå
¥ÀæPÀgÀt zÁR¯ÁVzÀÄÝ, vÀ¤SÉ PÉÊUÉÆArgÀÄvÀÛzÉ.
ªÉÄîÌAqÀ ¥ÀæPÀgÀtzÀ°è ¤ÃªÀÅ J1 DgÉÆæAiÀiÁVzÀÄÝ, ªÉÄ®ÌAqÀ
zÀÆj£À «µÀAiÀÄzÀ°è ¤ªÀÄä£ÄÀ ß «ZÁgÀuÉUÉ M¼À¥Àr¸À¨ÉÃPÁVgÀĪÀÅzÀjAzÀ, vÁªÀÅ
F PÀÆqÀ¯Éà F PɼÀUÉ ¸À» ªÀiÁrgÀĪÀ ¥ÀæPÀgÀtzÀ vÀ¤SÁ¢üPÁjAiÀiÁzÀ £À£ßÀ
ªÀÄÄAzÉ ºÁdgÁUÀ®Ä ¸ÀÆa¹zÉ.
F £ÉÆÃnøï£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 BNS calls upon petitioner No.1/accused No.1 to
appear before respondent No.1 on the very same day even without
specifying the time for her appearance. Interestingly on the very
same day i.e., 08.07.2025 at 4.30 p.m. the petitioner No.1 was
arrested as alleged in the remand application filed by respondent
No.1.
6. A perusal of the Notice under Section 35(3) of BNS,
2023 and other material on record is sufficient to come to the
conclusion that pursuant to issuing the aforesaid notice under
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Section 35(3) of BNS, respondent No.1 would not be entitled to
cause the arrest of the petitioner without following procedure
prescribed under Section 35(3), (4), (5) and (6) of BNS Act, 2023.
7. In this context, learned Additional SPP on instructions
would fairly submit that in the first instance, there was no necessity
for respondent No.1 to even issue the notice under Section 35(3) of
BNS Act and having issued the said notice, it was necessary that
respondent No.1 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,
the impugned arrest of petitioner No.1 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 No.1 by
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respondent No.1 - Police Authorities is illegal and contrary to law
and especially the provisions contained in Section 35(3), (4), (5)
and (6) of BNS, 2023 and the judgments referred to supra and
hence, the impugned arrest of petitioner No.1/accused No.1
deserves to be quashed.
9. Insofar as the challenge to the impugned FIR by
petitioner No.1/accused No.1 and petitioner No.2/accused No.7 is
concerned, this Court passed the following interim order qua
petitioner No.2/accused No.7 on 11.07.2025, which reads as
under:
"Heard.
Learned Addl. SPP accepts notice for respondent
No.1.
Sri. K.V. Manoj, learned counsel is directed to accept
notice for respondent No.2.
Copies to be served.
In the meanwhile, respondent No.1 shall not take
any precipitative / coercive steps against the petitioner
No.2 - accused No.7 nor arrest him, till the next date of
hearing subject to petitioner No.2 - accused No.7 co-
operating with the investigation, which shall be conducted
by respondent No.1, strictly in accordance with law.
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Liberty is reserved in favour of respondents to seek
vacation / modification of this order.
Re-list on 14.07.2025 at 02.30 P.M."
10. Learned counsel for the petitioners submits that in
addition to the petitioner No.1 being directed to be released as
stated supra, interim protection granted in favour of the petitioner
No.2/accused No.7 may be extended in favour of petitioner
No.1/accused No.1 for a further period of ten days from today for
both the petitioners since both the petitioners intend to file
application seeking bail/anticipatory bail before the Trial Court,
which may be directed to be considered and may dispose of the
said application(s) within a stipulated time frame.
11. 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 No.1/accused No.1 and by issuing certain directions in
this regard.
12. In the result, I proceed to pass the following:
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ORDER
i) The petition is hereby partly allowed.
ii) The impugned arrest of the petitioner
No.1/accused No.1 on 08.07.2025 pursuant to
Crime No.266/2025 is hereby quashed.
iii) Liberty is reserved in favour of both petitioners
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(s) to be filed by the petitioners within
a period of one week from the date of petitioners
filing the applications.
iv) Respondent No.1 - Police Authorities are
directed not to take precipitative/coercive steps
against the petitioners nor arrest them for a
period of ten days from today subject to both the
petitioners co-operating with the investigation
which is being conducted by respondent No.1-
Police Authorities.
v) Liberty is reserved in favour of petitioners 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.
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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
MDS
