Allowed¶53

Mr. Kiran Kumar T.D v. State by Tarikere Town

Karnataka HC15 Jul 2026CRL.P/5927/2019

Case brief

AI extract

What is this about?

Quashing of FIR — S.482 CrPC — Karnataka Prohibition of Charging Exorbitant Interest Act, 2004, Ss.3 & 4 — S.5: cognizance/registration only on debtor's petition after deposit of amount due — police registration of FIR without victim or debtor complaint illegal — S.506 IPC — abuse of process — Tarikeri Town Police Crime No.178/2019 — relies on Crl.P.no.6411/2019 (19.06.2026) and refers to Crl.P.no.102117/2015 (18.12.2015) — FIR quashed qua petitioner.

What did the court decide?

Petition allowed; proceedings in Crime No.178/2019 of Tarikeri Town Police under Sections 3 and 4 of the Interest Act read with Section 506 IPC, pending on the file of the Prl. Civil Judge (Sr.Dn.) and Chief Judicial Magistrate, Tarikeri, Chikkamagaluru, quashed qua petitioner. ¶53

Mr. Kiran Kumar T.D Vs State by Tarikere Town — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR in Crime No.178/2019 registered by Tarikeri Town Police for offences under Sections 3 and 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 and Section 506 IPC, without a petition by any debtor as contemplated by Section 5 of the Interest Act, was legally valid. +1 more

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Court's answer

The FIR, registered on the basis of a communication by the ARCS, made no mention of any person having been victimized by the accused or of any such victim having made a complaint; neither the complaint nor the FIR disclosed any such particulars.

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Ratio / Principle

Despite the police enquiry reporting no material indicating violation of the Interest Act, registration of the FIR by police — when Section 5 of the Interest Act provides for registration of proceedings only on a petition filed by the debtor after depositing the amount due — was totally illegal and contrary to law.

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Key takeaways

Consistent with this Court's earlier decisions in Crl.P.no.6411/2019 (disposed of on 19.06.2026) and Crl.P.no.102117/2015 (disposed of on 18.12.2015), insofar as offences under the Interest Act there is no provision for registration of complaint by police.ratio¶50
Registration of the FIR by police being totally illegal, continuation of the proceedings would amount to abuse of process of law.ratio¶52

Detailed headnote1 paragraphs

Criminal Petition under S.482 CrPC — quashing of FIR in Crime No.178/2019 (Tarikere Town Police) under Sections 3 and 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 ('Interest Act') and Section 506 IPC. HELD: The FIR was registered solely on a communication from the Assistant Registrar of Cooperative Societies; it disclosed neither any victimized person nor any complaint by a victim, and a police enquiry had already reported no material indicating violation of the Interest Act. Section 5 of the Interest Act permits registration of proceedings only on a petition filed by the debtor after depositing the amount due; hence registration of the FIR by police was totally illegal and contrary to law. Following this Court's earlier decisions in Crl.P.no.6411/2019 (disposed 19.06.2026) and Crl.P.no.102117/2015 (disposed 18.12.2015), there is no provision for registration of complaint by police in respect of offences under the Interest Act; continuation of such proceedings would be an abuse of process. Petition allowed; proceedings in Crime No.178/2019 quashed qua petitioner.

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HC-KAR NC: 2026:KHC:36434 CRL.P No. 5927 of 2019

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CNR: KAHC010233882019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 5927 OF 2019

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BETWEEN:

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MR. KIRAN KUMAR T.D S/O T.T. DEVENDRA SHETTY, AGED ABOUT 33 YEARS, ADVOCATE, CHOWDESHWARI COLONY, TARIKERE (TQ) CHIKMAGALURU DISTRICT - 577 228.

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…PETITIONER

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(BY SRI. H. MALATESH, ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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STATE BY TARIKERE TOWN POLICE STATION, TARIKERE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, TARIKERE SUB-DIVISION, TARIKERE - 577 228.

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…RESPONDENTS

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(BY SMT. SOWMYA R, HCGP FOR R1 AND R2)

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HC-KAR

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NC: 2026:KHC:36434 CRL.P No. 5927 of 2019

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CNR: KAHC010233882019

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.178/2019 (TARIKERE TOWN POLICE) PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND CJM COURT, TARIKERE, CHIKMAGALURU REGISTERED FOR THE OFFENCE P/U/S. 3 AND 4 OF THE KARNATAKA PROHIBITION OF CHARGING EXORBITANT INTEREST ACT, 2004 AND U/S.506 OF IPC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL ORDER

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Challenging registration of FIR in Crime no.178/2019 by Tarikeri Town Police for offences punishable under Sections 3 and 4 of Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 (' Interest Act' ) read with Section 506 of Indian Penal Code, 1860 ( IPC ), presently stated to be pending on file of Prl. Civil Judge (Sr.Dn.) and Chief Judicial Magistrate, Tarikeri, this Petition is filed.

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Sri H. Malatesh, learned counsel for petitioner submitted that on 16.07.2019, Assistant Registrar of Cooperative Societies ( ARCS ), Tarikeri Sub-Division, Tarikeri,

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HC-KAR

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NC: 2026:KHC:36434 CRL.P No. 5927 of 2019

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CNR: KAHC010233882019

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forwarded complaint addressed to Police Inspector, Tarikeri Town Police Station, Tarikeri, about extortion of exorbitant interest by Jayakumar S/o.Veera Bhovi, Bavikere of Lakkavalli Hobli along with Prakash Bavikere and T.D.Kirankumar, Advocate etc. and sought for taking action. It was also stated therein that on receipt of information, S.P. Chikkamagaluru, had visited spot and directed to take action and that Police Sub-Inspector along with Circle Inspector, had visited house of Kirankumar, Advocate, for enquiry but despite search, they did not find any material to substantiate allegations against accused. Based on said intimation, Tarikeri Town Police had registered FIR in Crime no.178/2019 for offences punishable under Sections 3 and 4 of Interest Act and 506 of IPC. It was submitted that bare perusal of FIR or complaint would not reveal any allegation for invocation of Section 506 of IPC.

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Insofar as provisions of Interest Act, it was submitted that same could only be in compliance with Section 5 thereof. It was submitted that there was no provision for registration of complaint by police and cognizance could be

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HC-KAR

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NC: 2026:KHC:36434 CRL.P No. 5927 of 2019

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CNR: KAHC010233882019

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taken only on a petition filed by debtor. On said ground, sought for quashing.

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Learned High Court Government Pleader opposes

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submission.

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Heard learned counsel. Perused material on record.

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Perusal of FIR would reveal that same is registered on basis of a communication by ARCS. It is shocking to note that there is no mention about any person having been victimized by accused or any such victim having made a complaint and neither complaint nor FIR would disclose any such particulars.

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Be that as it may, on receipt of complaint, Circle Police Inspector and Police Sub-Inspector are stated to have held enquiry and reported that there was no material to indicate violation of Interest Act by accused. Despite same, registration of FIR by police especially when Section 5 of Interest Act provides for registration of proceedings only on a petition filed by debtor after depositing amount due, impugned

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HC-KAR

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NC: 2026:KHC:36434 CRL.P No. 5927 of 2019

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CNR: KAHC010233882019

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proceedings registered in manner, as narrated above, would be totally illegal and contrary to law.

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Besides, this Court in Crl.P.no.6411/2019 disposed

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of on 19.06.2026 referring to earlier decision in Crl.P.no.102117/2015 disposed of on 18.12.2015 has taken a view that insofar as offences under Interest Act, there was no provision for registration of complaint by Police.

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Such being case, registration of FIR by police would

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be totally illegal and continuation of proceedings would amount to abuse of process.

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Hence, Petition is allowed, proceedings in Crime no.178/2019 by Tarikeri Town Police for offences punishable under Sections 3 and 4 of Interest Act read with Section 506 of IPC, on file of Prl. Civil Judge (Sr.Dn.) and Chief Judicial Magistrate, Tarikeri, Chikkamagaluru, stand quashed qua petitioner.

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Sd/(RAVI V HOSMANI) JUDGE

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HNM List No.: 1 Sl No.: 9

Mr. Kiran Kumar T.D v. State by Tarikere Town

Case brief

What is this about?

What did the court decide?

Mr. Kiran Kumar T.D v. State by Tarikere Town

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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