Karnataka High Court
CRL.P/620/2026 of NAZIR HUSSAIN Vs STATE OF KARNATAKA on 30 July 2026
CNR: KAHC010026862026 NC: 2026:KHC:39871 CRL.P No. 620 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 620 OF 2026 BETWEEN: NAZIR HUSSAIN, S/O MUNNER HUSSAIN, AGED ABOUT 34 YEARS,
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 620 OF 2026
BETWEEN:
NAZIR HUSSAIN,
S/O MUNNER HUSSAIN,
AGED ABOUT 34 YEARS,
R/O NO. 285, WATEHALLI VILLAGE,
AREHALLI HOBLI, BELUR TALUK,
HASSAN DISTRICT – 573101.
…PETITIONER
(BY SRI GIRISH KUMAR B M, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY KENGERI POLICE,
BANGALORE CITY DISTRICT,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BANGALORE - 560001.
2.
VENKATESH P,
H.C – 10349,
KENGERI POLICE STATION,
BENGALURU - 560060.
…RESPONDENTS
(BY SRI B.N JAGADEESHA, SPP-I FOR R-1 & R-2)
Digitally signed
by
PADMAVATHI
B K
Location: High
Court of
Karnataka
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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) TO QUASH THE CHARGE SHEET AS PER ANNEXURE-‘A’, FILED AGAINST PETITIONER/ACCUSED NO.3 IN C.C.NO.
27139/2025 REGISTERED BY THE KENGERI POLICE STATION, BANGALORE DISTRICT, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 4 AND 5 OF THE IMMORAL TRAFFIC
PREVENTION ACT, 1956, PENDING ON THE FILE OF 6TH ADDL.
CHIEF JUDICIAL MAGISTRATE AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
Petitioner – accused No.3 is before the Court calling in question proceedings in C.C.No.27139/2025, pending before the 6th Additional Chief Judicial Magistrate, Bengaluru, for the offences under Sections 4 and 5 of the Immoral Traffic Prevention Act, 1956.
2. Heard Sri Girish Kumar B.M., learned counsel for petitioner and Sri B.N.Jagadeesha, learned State Public Prosecutor – 1 appearing for respondents.
3. Learned counsel for the petitioner apart from plethora of grounds that are urged before this Court, would now submit a primary ground that would cut at the root of the matter. It is his submission that there is no corroborative material that is
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procured by the Investigating Officer at the time of the investigation and the petitioner is pinned down only on the voluntary statement of accused Nos.1 and 2. Therefore, this Court on 28.07.2026, had passed the following order: “Heard the learned counsel for petitioner. The Investigating Officer, who is investigating the subject crime, shall be present before the Court on 30.07.2026, at 2.30 p.m. List this matter on 30.07.2026, at 2.30 p.m. ORAL ORDER ON I.A.NO.2/2026 Till then, there shall be an interim order of stay of further proceedings in C.C.No.27139/2025, pending before the 6th Additional Chief Judicial Magistrate, Bengaluru, qua the petitioner.”
In terms of the afore-quoted order, the Investigating Officer is present before the Court and it is his admission that the petitioner is drawn into the web of subject proceedings only on the voluntary statements of accused Nos.1 and 2. With regard to the corroboration, the Investigating Officer would submit that he has not collected any corroborative material during the course of investigation, despite the voluntary statements of accused Nos.1 and 2.
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4. Therefore, solely on the score that the petitioner being pinned down on the voluntary statements of accused Nos.1 and 2, which is contrary to law, the petition deserves to succeed, with an observation that the success of the petition is wholly attributable to the folly of the Investigating Officer in not collecting any corroborative material from the hands of accused Nos.1 and 2, qua accused No.3, notwithstanding the detailed narration given by accused Nos.1 and 2.
5. For the aforesaid reasons and the observations, the following:
ORDER
a. The criminal petition is allowed.
b. The proceedings in C.C.No.27139/2025, pending before the 6th Additional Chief Judicial Magistrate, Bengaluru, qua the petitioner – accused No.3, stand quashed.
Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 87