MR. VARSHITH K P vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 30 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA


WRIT PETITION NO. 36295 OF 2024


BETWEEN:

1. MR. VARSHITH K P
AGED ABOUT 28 YEARS,
S/O PADMANABHA,
R/AT 2-140, KORTYDKA HOUSE,
CHOKKADI, AMARAPADANUR VILLAGE,
SULLIA TALUK, D.K DISTRICT-574212

2. MR. MITHUN P N,
AGED ABOUT 24 YEARS,
S/O NARAYANA P K,
R/AT 6-348/2, KALLUMUTLU HOUSE,
NEAR PETROL PUMP,
SULLIA KASABA VILLAGE,
SULLIA TALUK-574239

3. MR. HARSHITH CN,
AGED ABOUT 24 YEARS,
S/O NARAYANA M C,
R/AT 5-346, KURUNJIGUDDE HOUSE,
KERPALA, SULLIA KASABA,
SULLIA TALUK,
DAKSHINA KANNADA-574327

4. MR. SUSHMITH B R,
AGED ABOUT 28 YEARS,
S/O RADHAKRISHNA BOLLURU,
R/AT BOLLURU, KUKKUJADKA,
CHOKKADI,
AMARAMUDNOOR VILLAGE,











Digitally signed

by R
MANJUNATHA
Location: HIGH
COURT OF
KARNATAKA

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SULLIA TALUK,
D.K DISTRICT-574212

5. MR. K V VIJETH,
AGED ABOUT 31 YEARS,
S/O K VASANTHA GOWDA,
R/AT KUDKULI, PERLAMPADY,
PUTTUR,
DK DISTRICT 574212
…PETITIONERS

(BY SRI. P P HEGDE, SR. ADVOCATE FOR
SRI. DHANUSH D RAJ, ADVOCATE FOR
SRI. AKSHAY KUMAR JAIN., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
THROUGH SULLIA POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BANGALORE-01.

2. ABDUL NIYAZ
S/O ISMAIL
AGED ABOUT 24 YEARS,
R/AT PALLANGODU HOUSE,
ADOOR VILLAGE, KASARGOD TALUK AND DISTRICT
KERALA 671121
…RESPONDENTS

(BY SMT. WAHEEDA M M., HCGP FOR R1
R2 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE FIR DTD. 23.09.2024 IN CRIME 113/2024 OF
SULLIA POLICE STATION VIDE ANNX-A PENDING ON THE FILE
OF SENIOR CIVIL JUDGE AND JMFC SULLIA REGISTERED FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2),

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191(2), 127(2), 137(2), 115(2), 109, 351(2), 190 OF BNS,
2023 AS AGAINST THE PETITIONERS HEREIN/ ACCUSED NO.1
TO 5 IS CONCERNED, CONSEQUENTLY. QUASH THE ENTIRE
PROCEEDINGS PURSUANT TO REGISTRATION OF FIR DD.
23.09.2024 IN CRIME 113/2024 OF SULLIA POLICE STATION
VIDE ANNX-A AND B PENDING ON THE FILE OF SENIOR CIVIL
JUDGE AND JMFC SULLIA AS AGAINST PETITIONER HEREIN /
ACCUSED NO.1 TO 5 IS CONCERNED.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER


1. Heard Sri.P.P.Hegde, learned Senior Counsel along
with Sri.Dhanush D. Raj, learned counsel appearing for
Sri.Akshay Kumar Jain, learned counsel for the petitioners and
Smt.Waheeda M. M., learned High Court Government Pleader
for respondent No.1. Respondent No.2 is served with the
notice and remained absent.

2. Petition is filed under Articles 226 and 227 of the
Constitution of India read with Section 482 of Criminal
Procedure Code with the following prayers:
“WHEREFORE it is prayed that this Hon'ble Court may
kindly may kindly be pleased to:

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a. Issue a Writ of Certiorari or any appropriate other writs
or orders quashing the FIR dated 23-09-2024 in Crime
113/2024 of Sullia Police station vide Annexure-A pending
on the file of Senior Civil Judge and J.M.F.C, Sullia
registered for the offences punishable under Sections
189(2), 191(2), 127(2), 137(2), 115(2), 109, 351(2),
190 of BNS, 2023 as against the Petitioners
herein/Accused no.1 to 5 is concerned; consequently
b. Issue a Writ of Certiorari or any appropriate other writs
or orders quashing the entire proceedings pursuant to
registration of FIR dated 23-09-2024 in Crime 113/2024
of Sullia Police station vide Annexure-A and 'B' pending
on the file of Senior Civil Judge and J.M.F.C, Sullia as
against Petitioners herein/Accused no.1 to 5 is concerned;
C. Grant such other and further reliefs as this Hon'ble
Court deems fit to grant under the circumstances of the
case, in the interest of justice and equity.”



3. Facts of the case are as under:

3.1. Respondent No.2 filed a complaint with Sullia Police
Station by contending that he was travelling in a KSRTC
Government bus on 22.09.2024 and 23.09.2024 at about 5.00
a.m., in Bisle Ghat, a girl student approached the bus and sat
in an empty seat adjacent to the seat were respondent No.2
was already seated.

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3.2. At about 6 a.m., in the deep sleep, respondent No.2
said to have leaned on the shoulder of the said girl and same
was reported to the conductor by the girl student and also took
a photograph of the incident.

3.3. At about 9.00 a.m., when respondent No.2 was
standing near Jalsoor bus stand, five persons came in a swift
car and forcibly abducted him into the said car and took him
near Sullia bus stand and assaulted him with hands mercilessly.

3.4. After taking respondent No.2 to the Slulia bus
stand, he was identified by the girl student who allegedly
misbehaved with her. Group also threatened him with dire
consequences in case if he indulges in misbehaving with Hindu
girls.

4. Based on the complaint, Sullia Police registered a
case in Crime No.113/2024 on 23.09.2024 for the offence
punishable under Sections 189(2), 191(2), 127(2), 137(2),
115(2), 109, 351(2) and 190 of Bharatiya Nyaya Sanhita, 2023
and are investigating the matter.

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5. Very registration of the FIR is called in question by
the petitioners herein by contending that in the first place,
respondent No.2 was a stranger to these petitioners and
therefore, their identity with the names etc., are concocted by
the police in active collusion of respondent No.2 with an
intention to curb the social service activities of the petitioners.

6. Sri.P.P.Hegde, would contend that incident has
occurred on account of respondent No.2 voluntarily
misbehaving with a girl student who boarded the bus in Bisle
Ghat. The incident was videographed by the girl student and
complained to the conductor.

7. The incident having been reported to the conductor,
said incident was stopped there itself and later on, the second
incident said to have occurred in Jalsoor village bus stand
wherein the petitioners said to have abducted respondent No.2.

8. He would also contend that no injuries are found
though in the complaint itself, there is a mention that
complainant had first aid in the hospital at Sullia and further
treatment at Kasargod.

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9. He would further contend that respondent No.2
being the resident of Kasargod, said to have lodged a complaint
in the Mulleria Cooperative Medical Centre at Kasargod.

10. Nothing prevented respondent No.2 to approach the
jurisdictional police in Sullia itself especially when he has taken
the first aid in Sullia Hospital.

11. He would also point out that no MLC report is
prepared in the hospital at Sullia and the complaint of
respondent No.2 is an afterthought only with an intention to
harass the present petitioners in active collusion of the police
and thus sought for quashing of the complaint.

12. Per contra, Smt. Waheeda M.M., learned High Court
Government Pleader for respondent No.1 would support the
continuation of the criminal case by contending that the act of
the petitioners per se amount to moral policing.

13. She would further contended that pertinently there
is no complaint by the girl student who is said to be the victim
of the incident wherein, respondent No.2 has misbehaved with
the aforesaid girl student. She would also contend that the

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incident has been reported to the conductor of the bus by the
girl student and there is no complaint by the conductor to Sullia
Police. Therefore, she submits that the high handed action of
the petitioners needs to be investigated and suitable report is
to be filed by the police and thus sought for dismissal of the
petition.

14. Having heard the arguments of both sides, this
Court perused the material on record meticulously.

15. On such perusal of the material on record, it is to
be noted that the respondent No.2 having traveled in the
KSRTC bus is not in dispute. Pertinently, the bus number is not
mentioned in the complaint. It is the specific case of
respondent No.2 that after the alleged incident of misbehaving
with a girl student, he was found near Jalsoor bus stand.

16. If the respondent No.2 is the resident of Kasargod,
what made him to get down from the bus at Jalsoor is not
forthcoming in the complaint. Therefore, very genesis of the
crime as is complained by respondent No.2 itself is doubtful

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that the respondent No.2 having been picked up by the
petitioners in a Swift Car as is alleged by the respondent No.2.

17. Perhaps, the incident where respondent No.2
having misbehaved with the girl student, had been intimated to
the concerned in Sullia Bus Stand itself and there might have
been altercation with the respondent No.2 in Sullia Bus Stand
itself.

18. Having escaped from the wrath of the general
public, as an afterthought, respondent No.2 got admitted into
the hospital at Kasargod and thereafter sent a message to the
Sullia Police and Woman Constable from Sullia Police Station
having visited Community Health Centre, Sullia, obtained the
complaint.

19. It is pertinent to note that the respondent No.2 said
to have obtained first aid treatment in Sullia Hospital itself.
Distance between the Sullia Hospital and the Sullia Police
Station is only five minutes journey and nothing prevented the
respondent No.2 to immediately approach the Sullia Police after

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obtaining the first aid treatment at Sullia and lodged the
complaint.

20. All these factors when viewed cumulatively, this
Court finds sufficient force in the contentions urged on behalf of
the petitioners that as an afterthought, respondent No.2 has
given a different colour to the unfortunate incident that
occurred in the bus and bus stand.

21. Pertinently, no serious injuries are also found on the
body of the respondent No.2 which would indicate that the
gravity of the incident as is portrayed in the complaint is
exaggerated.

22. Moreover, as rightly contented on behalf of the
petitioners, respondent No.2 being a stranger to the
petitioners, how he can name the present petitioners' names
with the necessary details like ages, address, father’s name
etc., to lodge the complaint, that too when he is taking
treatment in hospital at Kasaragod is a question that raises
sufficient doubt about the very genesis of the crime.

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23. Thus, continuation of the criminal case in the
considered opinion of this Court is nothing but abuse of process
of law.

24. Hence, following:
ORDER
allowed
(i) Petition is .
(ii) Consequently, FIR dated 23.09.2024 in Crime
No.113/2024 registered by the Sullia Police Station,
vide Annexure-A pending on the file of Senior Civil
Judge and JMFC, Sullia for the offences punishable
under Section 189(2), 191(2), 127(2), 137(2),
115(2), 109, 351(2), 190 of Bharatiya Nyaya
Sanhita, 2023 is hereby quashed.
Sd/-
(V SRISHANANDA)
JUDGE


KAV,RL
List No.: 1 Sl No.: 29