IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 686 OF 2025 BETWEEN:

SRI SANTHOSH @ SANTHOSH KOTYAN S/O SRINIVAS, AGED BOAUT 33 YEARS, R/O BENAKA NILAYA, 1^ST FLOOR, TAWAR ROAD, VIJAYAPURA, CHIKKAMAGALURU 577101 …PETITIONER (BY SRI. GIRISH B BALADARE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY BASAVANAHALLI POLICE STAITON, CHIKKAMGALURU DIST. – 577101.

REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALROE 560001 Digitally signed by 2. SIR SHESHAGOWDA D T LEELAVATHI S R ASSISTANT SUB INSPECTOR OF POLICE, Location: High Court BASAVANAHALLI POLICE STATION, of Karnataka CHIKKAMGALARU, CHIKKAMAGALAURU TALUK AND DISTRICT - 577101 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR FILED AGAINST PETITIONER IN CR.NO.125/2024 BY THE BASAVANAHALLI P.S., CHIKKAMAGALUR DISTRICT, FOR THE OFFENCE P/U/S 192, 353(1)(b) OF BNS, 2023, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC, CHIKKAMAGALURU.

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

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

“a) Pleased to Quash the FIR filed against petitioner in Crime No.125/2024 by the Basavanahalli Police Station, Chikkamagalur District for the offence punishable u/s 192, 353(1)(b) of BNS 2023 same is pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC, at Chikkamagaluru, in the interest of justice and equity.

b) Grant such other relief’s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.”

2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner is alleged to have committed offences punishable under 192, 353(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS, 2023”) in view of the Whats app status shown in his Whats app account, in relation to his registered mobile number. In this context, learned counsel invited my attention to the impugned FIR in order to point out that necessary ingredients constituting offences under Section 192 or 353(1)(b) of BNS, 2023 are absent and consequently, the impugned proceedings deserves to be quashed.

4. Per contra, learned HCGP for respondent No.1-State submits that there is no merit in the petition and that the same is liable to be dismissed.

5. As rightly contended by the learned counsel for the petitioner, the contents of the FIR will clearly indicate that merely on the basis of Whats app status put in his Whats app account in relation to his registered mobile number, offences cannot be made out as is clear from the complaint and FIR. Under these circumstances, continuation of proceedings would amount to abuse of process of law and the same deserves to be quashed.

6. In the result, I pass the following:

ORDER

(i) The Criminal Petition is allowed (ii) The impugned criminal proceedings in Crime No.125/2024 registered by respondent No.1 – Police, pending on the file of the Addl. Civil Judge (Jr.Dn.) &

JMFC, Chikkamagaluru, are hereby quashed.

Sd/-

(S.R.KRISHNA KUMAR)

JUDGE BMC List No.: 1 Sl No.: 95