IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 321 OF 2025 BETWEEN:

1. SRI RAGHAVENDRA.S, S/O.SRI.SIVAGA NAIK, AGED ABOUT 38 YEARS, R/AT NO.127, HIREHUDA THANDA, DEVARAHALLI, DAVANAGERE-577213.

2. SMT.SUNITHA BAI, D/O MANJA NAIK, W/O.RAGHAVENDRA, AGED ABOUT 38 YEARS, R/AT L.AGRAHARA NAGENAHALLI CHIKKAMAGALUR - 577168.

…PETITIONERS (BY SRI VENKATESHA T S, ADVOCATE)

AND:

1. STATE BY BANDEPALYA P.S.

ELECTRONIC CITY SUB-DIVISION, Digitally BANGALORE REPRESENTED BY SPP signed by R HIGH COURT OF KARNATAKA, HEMALATHA HIGH COURT BUILDING, BANGALORE - 560 001.

Location:

High Court of

2. SRI.RAGHAVENDRA. H.K, Karnataka S/O.SRI.KRISHNAMURTHY. H.R, AGED ABOUT 33 YEARS, R/AT NO.11, KRISHNAPPA BUILDING, 1^ST MAIN, NEAR HOSAPALYA BUS STAND, BANGALORE-560 068, KASABA HOBLI, SAKALESHAPURA TALUK, HASSAN DISTRICT.

…RESPONDENTS (BY SRI M R PATIL, HCGP FOR R1, SRI ABHISHEK KUMAR, 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 FIR IN CRIME NO.0255/2024 REGISTERED IN BANDEPALYA POLICE STATION, ELECTRONIC CITY SUB- DIVISION, BANGALORE CITY AND PENDING BEFORE THE HONBLE III ADDI. CHIEF JUDICIAL MAGISTRATE, AT BANGALORE FOR OFFENCES PUNISHABLE UNDER SECTION SECTIONS 316(2), 318(2), 318(4), 319(2), 61, 352, 351(2) AND 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023 AGAINST THE PETITIONERS.

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

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

1. The petitioners challenge the registration of the FIR for offences punishable under Sections 316(2), 318(2), 318(4), 319(2), 61, 352, 351(2), and 3(5) of the BNS, 2023.

2. The 2nd respondent lodged the impugned FIR stating that the petitioners, along with other accused persons, induced the complainant to part with money by promising to secure a Government job. However, the accused neither secured the job nor returned the money, thereby acting with an intention to defraud. Prima facie, the allegations made in the FIR disclose the commission of cognizable offences, and the veracity of the allegations requires investigation, which cannot be assessed at this stage. 3. The petition stands disposed of, directing the first respondent to proceed with the investigation in accordance with law. However, no coercive action shall be taken against the petitioners.

4. The petitioners shall cooperate with the investigation and shall not be summoned without following due process of law.

5. Liberty is reserved to the petitioners to approach this Court or file a fresh petition in the event a charge sheet is filed. Sd/-

(HEMANT CHANDANGOUDAR)

JUDGE CHS List No.: 1 Sl No.: 9