Reserved on : 03.03.2026 Pronounced on : 13.03.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.28739 OF 2024 (GM - RES)

BETWEEN:

1 . SRI GOPAL JOSHI S/O LATE VENKATESH, AGED ABOUT 67 YEARS.

2 . VIJAYA LAKSHMI JOSHI S.G., W/O SHIVARUDRAMURTHY AGED ABOUT 58 YEARS, NO.47, PRAKRUTHI, 8^TH MAIN 1^ST CROSS, SHARAD COLONY BASVESHWARANAGAR BENGALURU – 560 079.

3 . AJAY JOSHI S/O GOPAL JOSHI AGED ABOUT 45 YEARS PETITIIONERS NO.1 AND 3 ARE RESIDING AT: NO.19, INDIRA COLONY, NAGASHETTIKOPPA, NEAR SBI COLONY, KESHWAPURA, HUBLI, DHARWAD – 580 023 [PRESENTLY ALL PETITIONERS IN DURESS /POLICE CUSTODY IN 1^ST RESPONDENT STATION]

... PETITIONERS (BY SRI D.R.RAVISHANKAR, SR.ADVOCATE A/W SRI MAYUR D.BHANU, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA BY BASAVESHWARA NAGAR POLICE STATION BASAVESHWARA NAGAR, BENGALURU – 560 079.

REPRESENTED BY ITS HCGP HIGH COURT OF KARNATAKA BUILDING, BENGALURU – 560 001.

2 . SMT.SUNITHA CHAUVAN W/O DEVANAND AGED ABOUT 48 YEARS RESIDING AT: PLOT NO.302 BRIGADE GATEWAY YESHWANTHAPURA BENGALURU – 560 022 PERMANANT R/O: NO.M-I-J-141 DEVATHA NIVAS, KHB COLONY SOLAPUR ROAD VIJAYAPURA – 586 103.

... RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;

SRI M.T.NANAIAH, SR.ADVOCATE A/W SRI GAUTHAM NETTAR, ADVOCATE FOR R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO QUASH FIR IN CRIME NO.409/2024, DATED 17.10.2024 AT ANNEXURE-B, IN ITS ENTIRETY FOR THE ALLEGED OFFENCES SECTIONS 126(2), (WRONGFUL RESTRAINT) 115(2) AND 118(1) (VOLUNTARILY CAUSING HURT OR GRIEVOUS HURT BY DANGEROUS WEAPONS OR MEANS) 118(1), 316(2), (CRIMINAL BREACH OF TRUST) 318(4), (CHEATING) 61, (CRIMINAL CONSPIRACY) 3(5) (COMMON INTENTION) OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 3(1)(r), (s) (INSULT AND ABUSES PUBLIC VIEW) AND 3(2)(v-a)(SPECIFIED OFFENCES IN THE SCHEDULE) OF THE SCHEDULE CASTE AND SCHEDULE TRIBE (PREVENTION OF ATROCITIES) ACT, 1989 PENDING ON FILE OF THE HON’LE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGALURU (CCH-71) CR.NO 409/2024.

AS PER ANNEXURE-C.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 03.03.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners/accused 1 to 3 are at the doors of this Court calling in question registration of a crime in Crime No.409 of 2024 registered for offences punishable under Sections 3(5), 61, 115(2), 118(1), 126(2), 316(2) and 318(4) of the BNS and Sections 3(1)(r)(s) and 3(2) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Act’ for short).

2. Heard Sri D.R.Ravishankar, learned senior counsel appearing for one of the petitioners, Sri Mayur D. Bhanu, learned counsel appearing for the other petitioners, Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri M.T. Nanaiah, learned senior counsel appearing for respondent No.2.

3. Facts in brief, germane, are as follows: -

3.1. The husband of the 2^nd respondent/complainant was elected as a Member of Legislative Assembly from a constituency in Vijapura in 2018 elections. He desired of becoming a Member of Parliament. It is alleged that in the month of March 2024, the 2^nd respondent meets the 1^st petitioner who promises to secure a ticket for the husband of the complainant to contest parliament elections. It is alleged that for getting the ticket a demand of ₹5/- crores was made. The 2^nd respondent initially paid ₹25/- lakhs as advance and thereafter, ₹1.75 Crores in a staggered way, to make it ₹2/- crores. The complainant’s husband did not get the ticket. Therefore, the complainant demanded the money back. The petitioners are said to have dodged return of money. Therefore, the 2^nd respondent registers a complaint on 17-10-2024 projecting the aforesaid offences includ