GOPIKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the FIR in Crime No.131/2025 dtd. 9/8/2025 registered by Turvihal Police Station for the offences punishable under Ss. 331(4), 305, 352, 351(2) read with Sec. 3 (5) of Bharatiya Nyaya Sanhita, 2023 [for short, 'the BNS, 2023'], presently pending on the file of the Addl. Civil Judge (Jr.Dn.) and JMFC, Sindhanur.

(2.) The factual matrix of the case is that the complainant - respondent No.2 has two brothers namely Vijay Das and petitioner No.1 herein. Vijay Das was resident of Turvihal town. The said Vijay Das was a bachelor and was running a petrol bunk. Petitioner No.1 Gopikrishna is another brother of complainant who is a Central Government employee in Railway Department and he is residing along with his family at Hubli. On 24/7/2025 the complainant's brother Vijay Das went to meet accused No.1 at Hubli. On the next day i.e., on 25/7/2025 the said Vijay Das died at Hubli. Thereafter, the dead body was brought to Turvihal town and on 26/7/2025 the funeral ceremony was conducted at Turvihal town. Later on 7/8/2025 i.e., the 13th day ritual (Terhvin) was performed at Turvihal town, the complainant and her sister attended the said ceremony and they had brought gold and silver articles and cash worth Rs.60,000.00 from her husband's house and those articles were kept in a steel box in the kitchen of house of deceased Vijay Das. On 8/8/2025 at about 9.30 a.m. complainant and her sister locked the door of the house and went to Sindhanur town for purchasing some grocery. When they returned at about 3.00 p.m. they found the lock/latch of the house was broken and the door was open. When the complainant and her sister rushed to the kitchen, they found the steel box which was containing jewelry and cash was on the floor and the gold and silver articles and cash were missing. On enquiry, Sridhar Kulkarni and Nagaraj Kulkarni who were near the petrol bunk and also the workers of petrol bunk, which is situated near to the house, informed the complainant that, at about 12.00 p.m. accused Nos.1 to 4 broken the lock of the door and trespassed into the house and thereby they committed the theft of gold and silver articles and cash in the house.

(3.) On enquiry with the accused, they threatened the complainant with dire consequence. Hence, she lodged the complaint against the petitioners/accused before the respondent-police on 9/8/2025, alleging that, her 8 tolas of gold i.e. 4 tolas of avalakki sara, 2 tolas of gold ring and 2 tolas of chain worth of Rs.80,000.00 and 1/2 kg silver worth of Rs.4,000.00 and cash Rs.60,000.00 were stolen by the accused. It is also alleged that the accused have taken the documents relating to the immovable property of deceased-Vijay Das kept in the said house. On the strength of said complaint, FIR came to be registered in Crime No.131/2025 against the petitioners/accused. Being aggrieved by the said registration of FIR and the complaint, the petitioners are before this Court to quash the FIR and complaint.