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Reserved on : 28.08.2026 Pronounced on : 16.10.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4603 OF 2026 (GM-RES)

BETWEEN:

1. SMT.KIRTHI S.SARASWATHI W/O VIJAY DEEPAK AGED ABOUT 35 YEARS PERMANENT RESIDENT AT:

NO.227, 6^TH MAIN, TATANAGAR, BENGALURU – 560 092.

RESIDING AT:

NO.16, 3^RD MAIN, NEW MANJUNATHA LAYOUT, Digitally signed by RAKESH S HARIHAR RAMMURTHY NAGAR, Location: High Court of BENGALURU – 560 016.

Karnataka, Dharwad Bench

2. SAVITHRI S., W/O R.SATHYA MURTHY AGED ABOUT 69 YEARS RESIDING AT NO.227, 6^TH MAIN, TATANAGAR, BENGALURU – 560 092.

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…PETITIONERS (BY SRI HRISHIKESH K., ADVOCATE FOR SRI KAPIL DIXIT, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY STATE HOUSE OFFICER, KODIGEHALLI POLICE STATION REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, HIGH COURT OF KARNATAKA BUILDING, BENGALURU – 560 001. 2. MS.G.THEJASWINI D/O LATE H.GANGADHARAIAH HAVING OFFICE AT:

M/S.THEJASWINI AND ASSOCIATES NO. 2390, E BLOCK, 13^TH MAIN, 14^TH CROSS, SAHAKARA NAGAR, BENGALURU – 560 092.

…RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R-1;

SMT.G.THEJASWINI, R-2, PARTY-IN-PERSON)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS., PRAYING TO (A) QUASH AND SET ASIDE SPL.C. 2163/2025 PENDING BEFORE THE HON'BLE CCH 71, CITY COURT COMPLEX, BENGALURU, ARISING OUT OF THE SAID FIR AND CHARGESHEET; (B) DIRECT THE RESPONDENT-POLICE NOT TO TAKE ANY PRECIPITATIVE OR COERCIVE ACTION AGAINST THE PETITIONERS DURING THE PENDENCY OF THE PRESENT PETITION.

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THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 28.08.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners/accused Nos.1 and 2 are before the Court calling in question proceedings in Special Case No.2163 of 2025 arising out of Crime No.216 of 2025 registered for offences punishable under Sections 352 r/w 3(5) of the BNS and under Section 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Act’ for short). 2. Heard Sri Hrishikesh K, learned counsel appearing for the petitioners, Smt. Rashmi Patel, learned High Court Government Pleader appearing for respondent No.1 and Smt. G. Thejaswini, respondent No.2, party in person.

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

The 1^st petitioner’s husband initiates matrimonial and criminal proceedings arising out of marital disputes between the two. The 1^st petitioner entrusted her case to the 2^nd respondent, a practicing Advocate. On a particular day i.e., 10-06-2025, the 2^nd respondent informs the 1^st petitioner that she will not be able to attend the hearing in M.C. No.1505 of 2020 and asks the 1^st petitioner to appear and seek adjournment. It is alleged that two days later the 2^nd respondent issues a NOC expressing anger and refuses to provide the case documents. Alleging that the petitioners have hurled abuses against the complainant, a complaint comes to be registered in Crime No.216 of 2025. Later, the 1^st petitioner communicates to the 2^nd respondent seeking refund of fee paid and blocking all communications. It is then, the 2^nd respondent registers a complaint before the Directorate of Civil Rights Enforcement alleging abuse by taking the name of the caste of the complainant. The Police conduct investigation and file a charge sheet in Special Case No.2163 of 2025. The registration of the proceedings is what has driven the petitioners to this Court in the subject petition.

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4. The learned counsel appearing for the petitioners would vehemently contend that the allegations made against the petitioners are on account of refund of fee that was sought by the complainant, without there being any ingredients of the offence so alleged against the petitioners. He would seek to place relianc