IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4788 OF 2026 BETWEEN:

1. SHRI. RAVI SON OF SHIVAMARIGOWDA AGED ABOUT 37 YEARS

2. SMT. PAVITHRA WIFE OF RAVI AGED ABOUT 45 YEARS BOTH ARE RESIDENT OF KODIPURA VILLAGE KODIHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT …PETITIONERS (BY SRI. SADHANA S DESAI., ADVOCATE)

Digitally signed by AND:

SANJEEVINI J KARISHETTY Location: H igh STATE OF KARNATAKA Court of Karnataka BY KANAKAPURA CIRCLE INSPECTOR KANAKAPURA CIRCLE RAMNAGARA DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001 …RESPONDENT (BY SRI.B.N.JAGADEESHA, ADDL. SPP)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO 1.QUASH THE NOTICE DATED 17.03.2026 BEARING NO.CPI/KKP/G.PITSI/2026 ISSUED BY THE RESPONDENT POLICE TO THE PETITIONERS PRODUCED AS ANNEXURE-A.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard Sri.Sadhana S Desai, learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for the respondent and have perused the material on record.

2. The petitioners are before this Court calling in question the notice dated 17.03.2026 issued under Section 35(3) of the BNSS, 2023, without enclosing any of the documents necessary to be enclosed.

3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by this Court in W.P.No.15125/2024, disposed on

19.07.2024, wherein it has held as follows:

"7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

8. The issue lies in a narrow compass, much is said about the notice being issued under Section 41A of the Cr.P.C., both by the State and the learned senior counsel for the petitioner. But, the notice is otherwise, it is issued under Section 41(1)(a) of the Cr.P.C. Section 41 is under Chapter-V - arrest of persons. What is invoked in the notice is Section 41(1)(a) of the Cr.P.C., which mandates that any police officer, without an order from the Magistrate and without a warrant, arrest any person who commits an offence in the presence of a police officer and it should be cognizable offence. Since other provisions of the section are not invoked they are not considered. Section 41 of the Act reads as follows:

“41. When police may arrest without warrant.—(1)

Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

(a) who commits, in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police office is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing.

Provided that a police officer shall, in all c