THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
SRI. RATHNAKARA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 4161/2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4161 OF 2026 BETWEEN:
SRI. RATHNAKARA S/O. MUTHA, AGED ABOUT 42 YEARS RESIDING AT NO. 38, 9TH MAIN ROAD, PRAKRUTHI LAYOUT, ANCHEPALYA, SRIKANTAPURA, NAGASANDRA POST, BENGALURU-560073 …PETITIONER (BY SRI. B. VIJAY SHETTY, ADVOCATE)
AND:
Digitally signed by SANJEEVINI J KARISHET TY 1. THE STATE OF KARNATAKA Location: HIGH COURT OF REPRESENTED BY KARNATAKA KAMKSHIPALYA POLICE STATION, BENGALURU-560079, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560001
2. SRI. SURENDRA. P TEAM LEADER, S.S.T, ADEESHWARA SHOWROOM, MAGADI ROAD, SUNKADAKATTE, BENGALURU-560091
3. MOHAMMED ASIF S/O. MOHAMMED ILIYAZ AGED ABOUT 53 YEARS, TEAM LEADER, FLYING SQUAD TEAM-8 (F.S.T-8)
RAJARAJESHWARINAGAR ASSEMBLY CONSTITUENCY- 154, BENGALURU CITY BENGALURU-560098 …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS OF FIR, COMPLAINT IN CR.NO.143/2023 REGISTERED BY THE RESPONDENT NO.1 POLICE, FOR THE OFFENCE P/U/S 188 OF IPC AND THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 POLICE SUB- INSPECTOR, FOR THE OFFENCE P/U/S 127(A) OF R.P ACT, 1951 AND ALSO SET ASIDE THE COGNIZANCE TAKEN BY THE HONBLE XXXIX ACMM, AT BENGALURU (PRESENTLY CASE HAS BEEN TRANSFERRED TO THE HONBLE L ACJM, AT BENGALURU) IN CC.NO.26577/2023 DTD 12.10.2023, U/S 127(A) OF REPRESENTATION OF PEOPLE ACT, 1951 AGAINST THE PETITIONER HEREIN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel Sri. B. Vijay Shetty, appearing for the petitioner, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1 and have perused the material on record.
2. The petitioner is before this Court, seeking the following prayer:
"(a) Call for records;
(b) To quash the entire Criminal proceedings of FIR, complaint in Crime No.143/2023 registered by the respondent No.1 police for the offences punishable under Section 188 of IPC and the charge sheet filed by the respondent No.1 Police Sub Inspector for the offences punishable under Section 127(A) of RP Act, 1951 and also to set aside the cognizance taken by the then Hon'ble the XXXIX ACMM at Bengaluru (Presently case has been transferred to the Hon'ble L A.C.J.M., at Bengaluru) in CC No.26577/2023 dated 12.10.2023 under Section 127(A) of Representation of People Act, 1951 against the petitioner herein;
(c) To grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case."
3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by this Court in W.P.No.11186/2023 disposed on
16.06.2023, wherein it has held as follows:
"7. A complaint comes to be registered before the K.R. Puram Police Station alleging intimidation or threatening the life of the complainant. The complaint reads as follows:
“Sub: Complainant against Mr.Vijesh Pillai for threatening me to life.
With regard to the above mentioned subject I would like to bring to you kind attention that a gentleman from kerla named Vijesh Pillai came to meet me at Zuri Hotel, Bengaluru initially asking me for an interview and told me he wants to meet me and discuss above the same. Last Saturday, I went with family to the hotel I mentioned with my family and these after 5 minutes of police introduction, he said was sent by the party secretary, Mr. Govindan to settle the issue between Hon’ble CM of kerala, his family and as a settlement amount they will provide 301 crores INR to leave Bengaluru in a weeks time and go absconding. It I do not agree to the same then he will have to look for alternative option like charging false case against me by putting contrabands is my
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