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J S Prasanna Kumar v. State of Karnataka

Karnataka HC25 Mar 2026CRL.P/2452/2026

Case brief

AI extract

What is this about?

Karnataka HC, CRL.P No.2452 of 2026, M. Nagaprasanna J., 25-03-2026: petition under S.482 CrPC (filed as S.528 BNSS) challenging reference of private complaint (PCR No.627/2024) to SHO Hebbagodi PS under S.175(3) BNSS without following S.175(3) procedure and without S.175(4) police report; Crime No.569/2025; offences S.318(3), 318(4), 336(2), 338, 322, 319(2), 340(2) r/w S.3(5) BNS 2023; reference and proceedings quashed qua petitioner; remitted to 2nd Addl. Civil Judge & JMFC, Anekal to pass orders in consonance with S.175 BNSS.

What did the court decide?

Proceedings in Crime No.569/2025 in PCR No.627/2024 quashed qua the petitioner; order of reference quashed and the matter remitted back to the concerned Court (2nd Addl. Civil Judge and JMFC, Anekal) to pass necessary orders strictly in consonance with Section 175 of the BNSS. ¶49

J S Prasanna Kumar Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the reference of the private complaint (PCR No.627/2024), registered as Crime No.569/2025, for investigation is sustainable when the procedure under Section 175(3) of the BNSS was admittedly not followed while making the reference. +1 more

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Court's answer

While making the reference of the private complaint for investigation, the procedure under Section 175(3) of the BNSS was admittedly not followed.

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Ratio / Principle

There is no report called for from the jurisdictional police as is required under Section 175(4) of the BNSS, without which the proceeding would suffer from procedural aberration.

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Key takeaways

The Court deemed it appropriate to quash the order of reference and dispose of the petition by remitting the matter to the concerned Court to pass necessary orders in accordance with law, bearing in mind the observations made in the order.ratio¶42
The petition is allowed; the proceedings in Crime No.569/2025 in PCR No.627/2024 stand quashed qua the petitioner, and the matter is remitted to the concerned Court to pass necessary orders strictly in consonance with Section 175 of the BNSS.ratio¶50

Detailed headnote1 paragraphs

Reference for investigation — private complaint (PCR No.627/2024) referred to SHO, Hebbagodi Police Station under Section 175(3) BNSS, registered as Crime No.569/2025 for offences under Sections 318(3), 318(4), 336(2), 338, 322, 319(2), 340(2) read with Section 3(5), BNS 2023 — procedure under Section 175(3) BNSS admittedly not followed while making the reference; no report called for from the jurisdictional police as required under Section 175(4) BNSS, without which the proceeding suffers procedural aberration — order of reference quashed; proceedings in Crime No.569/2025 in PCR No.627/2024 quashed qua the petitioner; matter remitted to the concerned Court to pass necessary orders strictly in consonance with Section 175 BNSS — Petition allowed (M. Nagaprasanna, J.).

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NC: 2026:KHC:16937 CRL.P No. 2452 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2452 OF 2026

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BETWEEN:

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J S PRASANNA KUMAR SON OF SAHACHANDRA GUPTHA, AGED ABOUT 60 YEARS, RESIDING AT NO.G-2, MEENAKSHI MANOR, 10TH D MAIN, NEAR ASHOKA PILLAR, JAYANAGAR 1ST BLOCK, BANGALORE SOUTH, BANGALORE, KARNATAKA - 560 011

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VINUTHA J P WIFE OF PRASANNA KUMAR, AGED ABOUT 60 YEARS, RESIDING AT NO.G-2, MEENAKSHI MANOR, 10TH D MAIN, NEAR ASHOKA PILLAR, JAYANAGAR 1ST BLOCK, BANGALORE SOUTH, BANGALORE, KARNATAKA - 560 011.

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Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

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…PETITIONERS

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(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)

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NC: 2026:KHC:16937 CRL.P No. 2452 of 2026

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HC-KAR

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AND:

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STATE OF KARNATAKA BY HEBBAGODI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR BANGALORE - 560 001

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MR. MUNIRAJU A, SON OF MR. LATE SUBBAYYA, AGED ABOUT 48 YEARS, RESIDING AT NO-21, BHAVANI ROAD, HEBBAGODI, BENGALURU DISRICT - 560 099, KARNATAKA

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…RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1)

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THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH FURTHER INVESTIGATION IN FIR IN CRIME NO.569/2025 IN PCR NO.627/2024 FOR OFFENCE P/US/ 318(3), 318(4), 336(2), 338, 322, 319(2), 340(2) R/W SEC.3(5) OF BNS ACT ON THE FILE OF THE 2^ND ADDL.CIVIL JUDGE AND JMFC, ANEKAL BENGALURU RURAL AGAINST THE PETITIONERS.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:16937 CRL.P No. 2452 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court calling in question the reference of a private complaint for investigation, which is now registered as Crime No.569/2025 for the offences punishable under Sections 318(3), 318(4), 336(2), 338, 322, 319(2), 340(2) read with Section 3(5) of the BNS, 2023.

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Heard Sri. Akki Manjunath Gowda K., learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1 and have perused the material on record.

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Petitioners are accused Nos.1 and 2 in Crime No.569 of 2025. Crime No.569 of 2025 emerges on account of a private complaint in PCR No.627 of 2024, which is ostensibly registered after 01.7.2024 the onset of BNSS. Procedure under Section 175(3) of the BNSS is admittedly not followed in the case at hand while making the reference. The order referring the matter for investigation reads follows:

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4 - NC: 2026:KHC:16937 CRL.P No. 2452 of 2026

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HC-KAR

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"The complainant has filed this private complaint U/sec.223 of BNSS against the accused for the offences alleged to be committed U/sec.318(3), 318(4), 319(2), 322, 336(2), 338, 340(2) R/w 3(5) of BNS Act.

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Learned counsel for complainant has filed application U/sec.175(3) of BNSS-2023, along with affidavit.

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Perused the complaint and application filed U/sec.175(3) of BNSS and also documents produced by the complainant. After considering materials, this court is of the opinion that the matter has to be refer to SHO of Hebbagodi PS for investigation U/sec.175(3) of BNSS. Accordingly, this court proceed to pass the following:

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ORDER

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Further, the matter is referred for investigation to the SHO of Hebbagodi PS for investigation U/sec.175(3) of BNSS., to investigate and submit the report in accordance with law.

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Call on:28-2-2025"

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There is no report called for from the jurisdictional

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police as is required under Section 175(4) of the BNSS, without which the proceeding would suffer from procedural aberration.

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In that light, I deem it appropriate to quash the order of reference and dispose the subject petition by remitting

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the matter back to the hands of the concerned Court to pass necessary orders in accordance with law bearing in mind the observations in the course of the order.

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NC: 2026:KHC:16937 CRL.P No. 2452 of 2026

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HC-KAR

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