Karnataka High Court
CRL.P/11927/2024 of SRI.SOMASHEKHAR M.NAYAK @ SHEKHAR Vs STATE BY BASAVESHWARA NAGAR PS on 28 September 2026
CNR: KAHC010637562024 NC: 2026:KHC:54076 CRL.P No. 11927 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 11927 OF 2024 BETWEEN: SRI.SOMASHEKHAR M.NAYAK @ SHEKHAR S/O MEGHAJI
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 11927 OF 2024
BETWEEN:
SRI.SOMASHEKHAR M.NAYAK @ SHEKHAR
S/O MEGHAJI NAYAK,
AGED ABOUT 29 YEARS,
OCC ASSISTANT EXECUTIVE ENGINEER,
ZILLA PANCHAYAT (SUB-DIVISION)
A.I.G -2, KUNCHANUR ROAD,
HUDKO COLONY, HELIPAD ROAD,
JAMAKHANDI, BAGALKOTE - 587301.
…PETITIONER
(BY SRI. HALASHETTI JAGADISH SIDRAMAPPA, ADVOCATE)
AND:
1.
STATE BY BASAVESHWARA NAGAR PS
R/BY SPP, HIGH COURT BUILDING,
BENGALURU - 560001.
2.
SUNITHA CHAVAN
W/O DEVANAND PHULSINGH CHAVAN,
AGED ABOUT 48 YEARS,
OCC: HOUSEWIFE,
R/AT PLOT NO. L302, BRIGADE GATEWAY,
YESHWANTHAPUR, BENGALURU - 560022.
…RESPONDENTS
(BY SRI. JAVEED S, HCGP FOR R1,
SRI. PRATHEEP K.C, ADVOCATE FOR R2)
Digitally signed by
PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS)
PRAYING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST
THE ACCUSED NO.4/PETITIONER HEREIN IN CR.NO.409/2024, REGISTERED
BY
THE
1ST
RESPONDENT-BASAVESHWAR
NAGAR
POLICE,
FOR
THE
OFFENCES
P/U/S
126(2),115(2),118(1),316(2),318(4),61 R/W 3(5) OF BNS ACT, 2023, U/S 3(1)(r)(s) AND 3(2)(va) OF SC/ST(POA) ACT, 1989, PENDING ON THE FILE OF COURT OF LXX ADDITIONAL CITY
CIVIL
AND
SESSIONS
JUDGE
AND
SPECIAL
JUDGE,
BENGALURU (CCH-71), WHICH IS PRODUCED AS ANNEXURE-E.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
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ORAL ORDER
1. This petition is filed under Section 482 of Cr.P.C. by the petitioner - accused No.4 seeking to quash the FIR registered in Crime No.409/2024 against him by the 1st respondent - police for the offences punishable under Sections 126(2), 115(2), 118(1), 316(2), 318(4), 61 read with 3(5) of BNS, 2023 under Section 3(1)(r)(s) & 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act"), pending on the file of LXX Additional City Civil and Sessions Judge & Special Judge, Bengaluru.
HC-KAR
2. Learned counsel for the petitioner submitted that accused Nos.1 to 3 filed WP.No.28739/2024 seeking to quash the very same aforesaid FIR registered against them and the Co- ordinate Bench of this Court by a detailed order dated 13.03.2026 quashed the same.
3. The Co-ordinate Bench of this Court in the aforesaid writ petition by referring to the judgments of Hon'ble Apex Court in the case of LALIT CHATURVEDI Vs. STATE OF UTTAR PRADESH - (2024) 12 SCC 483) has held that the case at hand relates to a transaction which has gone wrong and since money allegedly changed hands, the criminal law is set into motion purely for the purpose of recovery of money. Further, as regards the offence under the Act, it was held that the complaint itself indicates that the alleged hurling of abuses has taken place in the house of accused No.2. If it is inside the house within the four corners, it would not become an offence under the Act and to be an offence, as per the judgment of the Hon'ble Apex Court in the case of KARUPPUDAYAR Vs. STATE - (2025) SCC ONLINE SC 215, it is to be made in public view or in a public place and the allegations under the
HC-KAR
Act cannot spring in air. Accordingly, quashed the very FIR which is challenged in the present petition in respect of accused Nos.1 to 3.
4. Placing reliance on the aforesaid order of the Co-ordinate Bench of this Court, since petitioner, who is accused No.4 in the very crime, is on the same footing, FIR registered in Crime No.409/2024 against the petitioner-accused No.4 by the 1st respondent - police for the offences punishable under Sections 126(2), 115(2), 118(1), 316(2), 318(4), 61 read with 3(5) of BNS, 2023 under Section 3(1)(r)(s) & 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending on the file of LXX Additional City Civil and Sessions Judge & Special Judge, Bengaluru, is quashed.
Accordingly, the petition is allowed.
SD/-
(RAJESH RAI K)
JUDGE
PKS/List No.: 1 Sl No.: 48