IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3884 OF 2024 BETWEEN:

1. MR KUMAR M S/O LATE MUNI NARAYANAPPA AGED ABOUT 53 YEARS R/A ASHWINI LAYOUT CHINTAMANI CHIKKABALLAPURA DISTRICT-563125.

2. SWARNAKUMAR GC S/O CHANDRAPPA AGED ABOUT 33 YEARS R/O JIDERAHALLI VILLAGE HIREKATTIGENAHALLI POST CHINTAMANI CHIKKABALLAPURA DISTRICT-563125.

3. VICKY S S/O SHEKHAR AGED ABOUT 24 YEARS R/A WARD NO.27, SHANTHINAGAR CHINTAMANI Digitally signed by CHIKKABALLAPUR DISTRICT-563125.

R HEMALATHA Location: H igh

4. DILIP KUMAR Court of Karnataka S/O KONAPPA AGED ABOUT 22 YEARS R/O MUNGAAHALLI CHINTAMANI CHIKKABALLAPUR DISTRICT-563125.

5. VIGNESH B S/O BALACHANDRA M AGED ABOUT 20 YEARS R/A NO.903, 6TH CROSS

3RD BLOCK, GANDHINAGAR ROBERTSONPET BANGARPET TALUK KOLAR DISTRICT-563116.

6. N VAMSHI S/O DHARMANANDA REDDY AGED ABOUT 23 YEARS R/O B KOTHAKOTTA SURAPAVARAPALLI ANDHRA PRADESH-520008. 7. UPPATULLA JAGADISH S/O UPPATULLA RAMACHANDRA AGED ABOUT 26 YEARS R/O DADAM VADDIPALLI THAMBALAPALLI CHITTOOR(ANNAMAIAH)

ANDHRA PRADESH-517001.

8. SHIVASHANKARA REDDY @ PEDDA CHINNA MUDDANNAGIRI SHIVASHANKAR REDDY S/O LATE JAYACHANDRA REDDY AGED ABOUT 30 YEARS R/O VANAMAREDDY GARUPALLI PEDDAPALLI, KURUBALAKOTA MANDALAM TAMBALAPALLI TALUK CHITTOOR DISTRICT ANDHRA PRADESH-517001. 9. REPENA SRINIVASULU S/O REPENA UTTANNA AGED ABOUT 34 YEARS R/A NO.08, KANNIMUDUGU TAMBALAPALLI MANDALAM CHITTOOR(ANNAMAIAH) DISTRICT ANDHRA PRADESH-517418.

10. VENKATAREDDY S/O VENKATASWAMI REDDY AGED ABOUT 44 YEARS R/A NO.8, 2ND MAIN KANNAMPALLI NEAR BANGALORE ROAD CHINTAMANI CHIKKABALLAPURA DISTRICT-563125.

PETITIONERS (BY SRI. HASHMATH PASHA., ADVOCATE FOR SRI. MOHAMMED MUBARAK.,ADVOCATE)

AND:

1. STATE OF KARNATAKA BY WHITEFIELD POLICE STATION BANGALORE RURAL DISTRICT BANGALORE-560066.

2. MR SUNIL KUMAR POLICE INSPECTOR WHITEFIELD POLICE STATION BANGALORE-560066 (BOTH ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001.

RESPONDENTS (BY SRI. MV ANOOP KUMAR., HCGP FOR R1)

THIS CRL.P IS FILED U/S.482 CR.PC. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO 1.QUASH THE FIR AS PER ANNEXURE-A IN CR.NO.162/2024 OF WHITE FILED P.S BENGALURU REGISTERED FOR THE OFFENCE P/U/S 25(1)(1-AA) AND 25(1)(1-B)(b) OF THE ARMS ACT WHICH IS PENDING ON THE FILE OF THE HONBLE A.C.J.M BENGALURU RURAL DISTRICT BENGALURU AS AN ABUSE OF PROCESS OF LAW AND ETC,.

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/accused, who have been charge- sheeted for the offences punishable under Sections 25(1)(1AA) and 25(1)(1B)(b) of the Arms Act, 1959 (hereinafter referred to as the “Act”), are before this Court seeking relief.

2. Respondent No.2 lodged the First Information Report (for short “FIR”) stating that while he was on duty at the police station, he observed a car parked on the main road outside, with three to four persons moving suspiciously around it. Upon inspecting the car, he noticed that one person sitting in the driver’s seat was holding a long iron object. The complainant returned to the police station and, along with his staff, conducted a detailed inspection of the car. Upon inspection, they discovered and seized three iron longs, two iron rods, two iron machetes, five coloured paper spray bottles, and two iron pattis under a panchanama. The individuals moving suspiciously were also apprehended. Thereafter, the FIR was registered for the offences punishable under Sections 25(1)(1AA) and

25(1)(1B)(b) of the Act.

3. Heard the learned Senior Counsel Sri Hashmath Pasha and learned Senior Counsel Sri Mohammed Mubaraka, representing the petitioners, and the learned High Court Government Pleader (HCGP) for the respondent-State.

4. A perusal of the FIR indicates that three iron longs, two iron rods, two iron machetes, five coloured paper spray