IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS

JUDGE, AT BENGALURU

(MEMORANDUM OF CRIMINAL MISCLANEOUS APPLICATION

FILED UNDER SECTION 483 OF THE BHARATIYA NAGARIKA
SURAKSHA SANHITA)

IN THE COURT OF THE VIITH ADDL CHIEF METROPOLITAN

MAGISTRATE, AT BENGALURU

CRIME.No.33/2025

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS

JUDGE, AT BENGALURU

CRL.MISC.NO. /2025

BETWEEN RANK OF THE

PARTY

LOWER COURT
THIS COURT

1.ABHISHEK KUMAR TIWARI

S/O MUNENDRANATH TIWARI,
AGED ABOUT 38 YEARS,
PRESENTLY RESIDING AT,
NO.530, SAI NILAYA,
SRIRAM TEMPLE ROAD,
KODIGEHALLI,
BENGALURU 560 092 ACCUSED NO.2
PETITIONER NO.1

NATIVE OF,
BHUSOULA VILLAGE,
BAIRIYA TALUK,
BALIYA DISTRICT
UTTAR PRADESH

2. ARYA.J @ ARYA.J. GOWDA

S/O K.N. JAGADISH KUMAR,
AGED ABOUT 21 YEARS
RESIDING AT,
NO.530, SAI NILAYA,
SRIRAM TEMPLE ROAD,
KODIGEHALLI,
BENGALURU 560 092 ACCUSED NO.3
PETITIONER NO.2

3.SHUBAM KUMAR
NANDA KUMAR SUKLA,
AGED ABOUT 25 YEARS,
PRESENTLY RESIDING AT,
NO.530, SAI NILAYA,
SRIRAM TEMPLE ROAD,
KODIGEHALLI,
BENGALURU 560 092

NATIVE OF
BANNI GURAIN VILLAGE,
ULLARA POST,
NEAR MYANPUR POLICE STATION
SEETHARAMPURA DISTRICT,
UTTAR PRADESH ACCUSED NO.4
PETITIONER NO.3

AND

STATE BY
KODIGEHALLI.P.S.
REPRESENTED BY PP
CITY CIVIL COURT COMPLEX
BENGALURU COMPLAINANT
RESPONDENT

THE PETITIONERS ABOVE NAMED UNDER SECTION 483

OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA , MOST
HUMBLY BEG TO STATE AS FOLLOWS:

1. For the service of Court Notices, Summons, etc., the

Addresses of the petitioners is clearly furnished in the above
cause title for the emergency purpose it may also served to their
counsel Sri. HARISH PRABHU.S, SUNIL KUMAR.N AND
ASSOCIATES, Advocates, No.25, 2nd Floor, 40 Feet Road,
Huchappa Layout, SVG Nagar, Mudalapalya, Bangalore-560072.
For Similar Purpose the Address of the Respondent is also
correctly furnished in the above cause title.

2. The Respondent Police have registered a case for the

offences Punishable under Section 189(2), 189(4), 109, 115(2),
118(1), 351(3), 352 R/w 190 of Bharatiya Nyaya Sanhita and
section 27 of the Arms Act, the Petitioners are been slated as
Accused No.2,3 and 4, in the FIR and Remand Application.

3. The Facts of the case is that, 24-01-2025, Sri.Tejaswi.N S/o

Late Narasimharaju, aged about 30 years, HN.No.210, Kariyappa
Building, Maruthi Floormill Road, Kodigehalli, Bengaluru has
registered a Complaint alleging that he is residing in the above
address and has been working as Flower decorator, on 24-01-
2025 at around 8.15 to 9pm, he along with his friends Ajay,
Vishnu, Vishwas, Suman Kumar, Harsha, Yogi, Shiva, Chinmayi
 and Ganesh had returned from work and were consuming tea, it
is alleged that, Arya S/o Jagadish Kumar had been to the place
and told them isn’t it time and told them to go home and it is
stated that, the Complainant had also told they would go once
finishing the tea, it is further alleged that, thereafter Jagadish
Kumar had been to the place along with his 4 Bodygaurd, abused
them, that they were consuming drugs there, thereafter started
to assault them with Latis, thereafter when Jagadish Kumar was
catching the collar of the Complainant and threatening that he
would send them to jail, it is stated his friends had again made an
effort to pacify the incident, thereafter Jagadish Kumar, his 4
Bodygaurds, his son Arya, his brother Madhu who were assaulted
them with Lati and hands, it is alleged that the Complainant had
caught hold of the Lati for which Jagadish Kumar got enraged and
directed his gunman to shoot the Complainant with Pistol,
thereafter it is alleged that, gunman had taken the Pistol and
while he was aiming at the complainant, it is stated that, the
Complainant had pushed Jagadish Kumar towards the gunman
and the gunshot had gone above the head of the Complainant
and he had escaped from the gunshot luckily, thereafter the
Complainant alleges that, they had escaped from the place,
further they had chased them with their scorpio car bearing
No.KA 03 ML 5817 and tried to run over them, which they
escaped, thereafter Police had been to the place and stopped
them, alleging this the Complainant had lodged a Complaint with
the Kodigehalli Police and the same is registered in
Crime.No.33/2025 for the offences punishable under section
189(2), 189(4), 109, 115(2), 118(1), 351(3), 352 R/w 190 of
Bharatiya Nyaya Sanhita and section 27 of the Arms Act. The
Copy of the FIR and Complaint is herewith produced and marked
as DOCUMENT-1 and DOCUMENT-2.

4. The Petitioner No.1,2 and 3 were arrested on 25-01-2025 and

produced before the Hon’ble jurisdictional 6 th Addl Chief
Metropolitan Magistrate on 25-01-2025 and they were remanded
to judicial custody, thereafter the Petitioner No.1 and 3 were
again secured to Police custody through orders dated 31-01-
2025 for further investigation and on 04-02-2025 there were
 remanded to Judicial custody as the investigation with reference
them was complete and were not required for any investigation.
The Copy of the Remand Application and Order sheet is herewith
produced as DOCUMENT-3 and DOCUMENT-4.

5. The Petitioner No.1 and 3 before this Hon’ble court are the
private security personals of the Accused No.1 Jagadish
Kumar.KN and the Petitioner No.2 is the son of the Accused No.1.

GROUNDS

6. The Petitioners most humbly submit that, they are innocent of

commission of offences alleged and has been falsely lugged into
the crime for extraneous reasons with oblique motive, even if the
allegation made against them are accepted in Toto, there are no
reasonable grounds to believe that they are guilty of the offences
alleged. The allegations made against them are denied as false,
ingredients of the alleged offence are lacking.

7. It is submitted that, the Accused No.1 is a social activist and a

law graduate, he had come to limelight through his social
activities on social media platform, wherein he had unraveled
several scams including a former minister, IPS Officer, PSI Scam
and very recently he had posted a video that, he would unravel a
scam wherein the state treasury was misused by a former chief
minister of Karnataka.

8. It is most humbly submitted that, as the Accused No.1 has

been fighting and protesting against the social evils such as
corruption in the society, due to his attempt to combat corruption
he had accumulated many enemies in several facets of the
society, he had thereafter written several letters to the
Government of Karnataka, seeking protection as there was a
threat to his life, since the Government has not respondent to his
request, he had personally assigned the Petitioner No.1 and 3 to
work as personal guard to him and not as a gun man.

9. The Petitioner No.1 and 2, most humbly submits that, except

for section 109 of The Bharatiya Nyaya Sanhita all other offences
 alleged are triable by Hon’ble Magistrate and even though the
Complaint dated 24-01-2025 does not provide for any ingredients
to attract the offence under section 109 of The Bharatiya Nyaya
Sanhita, the same is been invoked to project the Petitioner No.1
and 2 in bad light, the entire incident that has taken place on 24-
01-2025 at around 7.30pm, is stage managed solely with an
intention of implicating the Petitioner No.1 and his son Petitioner
No.2 in this false case with the help of the Respondent Police who
are always at variance with the Petitioner No.1.

10. It is humbly submitted that, the Petitioner No.1 had a

personal gun license sought for his personnel protection, which
he had carried with him for his personnel safety, he along with
Petitioner No.3 were assigned only as Body gaurds and not as
gun men by the Accused No.1, who had also provided them with
house to reside in Bengaluru and had been providing them with
salary. The Petitioner No.1 and 3 were working as mere
bodyguard to the Accused No.1, for their livelihood and does not
have any nexus with the enmity and the actions of the Accused
No.1.

11. The Petitioner No.1,2 and 3 humbly submit that, the

Petitioners came to know Accused No.1 that, near the Complex
Building owned by the Accused No.1 in Virupakshapura,
Kodigehalli, several gangs of youths have been camping on each
and every corner of the road, they had been consuming narcotic
products, alcohol and have been disturbing peace in the locality,
few gangs among these had been extorting money from the local
shopkeepers and houses in the neighborhood in the name of
Annamma Goddess, they had blocked the road and had been
resorting to all sorts of criminal activity in the name of god.

12. It is humbly submitted that, several local families had

brought the same to the notice of the Accused No.1 as he is a
social activist and he had thereafter informed the same to
Kodigehalli Police and BBMP Officials, who had taken swift action
and place their men in each corners due to which the gangs were
fuming on the Accused No.1 and Petitioner No.2 as he is the son
of the Accused No.1, the Accused No.1 had tipped of the
 Kodigehalli police on the sale of Narcotic products in the locality,
on the basis of which the Kodigehalli Police in the previous month
seized Narcotic products weighing 8 kgs, due to which the drug
cartel of the area were also looking for vengeance against him.

13. It is submitted that, the Job of the Petitioner No.1 and 3 was
to clear the crowd surrounding the Accused No.1 who would
usually be flooded with fans as he had just come from a
Television show and see to that, he was not harmed, other than
that, they did not have any previous enimity in the locality nor
did they understand Kannada Language, the Petitioner No.2 is a
Law student and had been assisting his father in few research
work, other than that, he does not have any nexus with the
actions or words of his father.

14. It is submitted that, on 23-01-2025 while the Accused No.1

had been to his morning walk without his bodyguards was
wrongfully restrained, abused and assaulted by a gang and the
same was video graphed to defame him before the society and
the same was given a cultural angle of him questioning the
Annamma Goddess function just to project him in bad light for
the society. The Accused No.1 had registered a Complaint against
the culprits with reference to the incident and again requested for
protection for his life and same came to be registered in
Crime.No.29/2025 for the offences punishable under section
189(20, 115(2), 351(2), 352 R/w 190 of Indian Penal Code. The
Copy of the FIR in Crime.No.29/2025 is produced as DOCUMENT-
5

15. The Petitioners humbly submit that, on 24-01-2025, the

Accused No.1 and had been near his Complex at around 7.30pm,
and the Petitioner No.1,2 and 3 had joined him as he was
assaulted on the previous day, the sole intention of the Petitioner
No.2 in joining his father, was to stand as support to him, the
Petitioner No.1 and 3 who were working as personal security had
joined him as public would gather as he had just come out of
Television show, while the Culprits were again camping and
using drugs, as a prudent person, the Accused No.1 had called
 upon Control Room on 112, thereafter a Hoysala had been to the
place and while they had done nothing and left the place,
thereafter again the Accused No.1 had called upon the police,
while the Police came to the place, the Accused No.1 who was
angry with the Kodigehalli Police for not taking any action against
the culprits, even though he had called upon 112 was having a
conversation with the police officials who came to the place of
incident, the Petitioner No.1 and 3 do not understand Kannada
and they do not have any knowledge about the same, the
Petitioner No.2 was quietly standing at a distance, while there
was some verbal conversation was going on between his father
Accused No.1 and Police officials, he has neither spoken to the
Police officials nor does he have any nexus with the conversation
that took place between his father and Police.

16. The Petitioners submit that, in the Presence of the

Kodigehalli Police, a group of culprits had attacked the Accused
No.1 as he was the one complaining to the Police, in order to
protect the Accused No.1, his son Petitioner No.2 had come in
between to pacify the group, while the group started to assault
the Accused No.1 and Petitioner No. 2 and the Police seemed to
be helpless, the Petitioner No.1 and 3 being personal security and
Body guard to Accused No.1 tried to control the mob, but were
not able to do so and while a group of miscreants started to
attack the Petitioner No.1, he was forced to fire a warning shot in
the air, just to warn the group of intoxicated culprits who were
having iron rods and deadly weapons in their possession and
protect himself and his master from being assaulted which might
have resulted in death of the Accused No.1, after which the group
of culprits who were in intoxicated state had left the Accused
No.1, Petitioners and had thereafter moved destroyed his vehicle
Scorpio with iron roads, sticks, stones and other weapons, the
injured Accused No.1, Petitioner No.2 and Petitioner No.1 and 3
were then taken to the Police station in the name of rescuing
them from the mob by the Kodigehalli Police and surprisingly a
case was registered against them only.

17. It is most humbly submitted that, the allegation of the

Bodyguard aiming to fire at the Complainant on the directions of
 Petitioner No.1 is completely false and denied. The same is
imaginary, alleged solely to invoke section 109 of The Bharatiya
Nyaya Sanhita, the Gunman had through his own accord, seeing
the unmanageable situation of mob assaulting Accused No.1 and
Petitioner No.2 and on seeing a group of people with deadly
weapons rushing towards him, in his self defense and also with
an intention to protect his employer had fired the warning shot in
the Air, by taking all the reasonable precautions and the shot fire
was harmless and without the warning shot, the Petitioner No.1
would have been hacked to death in the name of mob lynching
more so when he is from another state and same is done in self
defense also.

18. The Petitioner No.1,2 and 3 most humbly submit that, the
entire incident was stage managed, with a malafide intention of
murdering the Accused No.1 in name of mob lynching, which
would provide relief to several anti-social elements, unfortunately
with ample support from Respondent Police, who had stood as
mute spectator to the Accused No.1 and Petitioners being
assaulted and thereafter his Car been completely destroyed in
front of them.

19. It is humbly submitted that, the act of the Kodigehalli

Police of not registering the Complaint written immediately by the
Accused No.1 on reaching the Police station and thereafter taking
him to Hospital in the pretext of treatment and thereby providing
ample time for the complainant to come to police station with a
typed complaint and thereafter their act of not arresting any
singel person in the crime registered by the Accused No.1 in
Crime.no.34/2025 for the offences punishable under 115(2),
189(2), 190 , 191 (3), 324(4), 351(3) of The Bharatiya Nyaya
Sanhita projects the oblique motive and political influence behind
the registration of this complaint. The copy of the FIR and
Complaint in Crime.NO.34/2025 is produced as DOCUMENT-6.

20. It is most humbly submitted that, the Petitioner No.2 who

is a law student and does not have any nexus with the incident
and he cannot be held responsible for the action and words of his
father Accused No.1 and he solely been to the spot with his
 father and on seeing his father been assaulted trying to pacify
the incident has been implicated in this false case. The Copy of
his Identity Card is produced as DOCUMENT-7.

21. The Petitioner No.1,2 and 3 humbly submit that, the

Petitioner No.1 hold a valid license of gun for self defense and he
along with Petitioner No.3 were working as Personal security to
the Accused No.1 for their livelihood, the Petitioner No.1 was left
with no other option to fire a warning shot to protect himself and
his employer as the officials of the Respondent Police stood as
mute spectators allowing the mob with iron rods to attack them
and if they are kept in judicial custody for defending themselves,
it would not only amount to violation of the fundamental rights
guaranteed under the constitution.

22. It is submitted that, the allegation of the Complainant that

the Arm was aimed at him and Petitioner No.1 fired on the
directions of the Accused No.1is completely denied and false and
the entire story is concocted solely for the purpose of inducing
section 109 of The Bharatiya Nyaya Sanhita.

23. The Petitioner No.1,2 and 3 neither had any personal

enmity with the Complainant nor does they have any nexus with
him, the entire case lacks motive nor has the complainant been
injured in the incident, it is the Accused No.1 and Petitioner No. 2
who have been inflicted with serious injuries and the personal
security bodyguard with valid gun license, firing a warning shot in
his self defense with a bonafide intention of protection himself
from armed miscreants and also to protect his employer, that too
while the Jurisdictional police standing there helplessly without
protecting them or trying to control the mob cannot termed as an
offence under section 27 of the Arms act is not attracted.

24. The Petitioners further humbly submit that, Petitioner

No.1,2 and 3 are residing at the address stated in the cause title
and the Petitioner No.1 and 3 are permanent resident of Uttar
Pradesh with both movable and immovable properties. The
petitioner No.1 and 3 are aged is aged about 38 and 25 years
respectively and have been to Bengaluru to earn livelihood, they
 do not have any antecedents and have led a dignified life till date
and the Petitioner No.2 is aged about 21years, is a student of
Law, if kept in judicial custody, their entire family would be put to
great humiliation before the society and friends, they are
respectable citizens and having deep roots in the society. The
Copy of the Aadhar Cards as DOCUMENT-8.

25. The Petitioner No.1,2 and 3 humbly submits that,

they are ready and willing to furnish adequate surety for their
due appearance before the Court. They undertakes that, they will
not tamper with the prosecution witnesses and will abide by all
conditions imposed by this Hon’ble court.

26. The Petitioner No.2 is approaching this Hon’ble court in

a subsequent bail application seeking bail on the change of
circumstance that one of the Accused person in the present case
is granted bail, he had earlier approached this Hon’ble court
seeking bail in Crl.Misc.No.781/2025 through orders dated 05-02-
2025.

27. If this Hon’ble Court is not pleased to enlarge them on

bail, the Petitioners and their family will suffer irreparable loss
and great hardship and their defense will be prejudiced, the
Petitioners submit that, there is no Petition of same nature
pending before any other court of law and they may be permitted
to argue additional grounds at the time of hearing.

WHEREFORE, the Petitioner No.1,2 and 3 most named above prays

that, this Hon’ble Court may be pleased to pass an order, enlarging the
Petitioners on bail in Crime.No.33/2025 registered by Kodigehalli
Police station, Bengaluru for the offence punishable under Section
189(2), 189(4), 109, 115(2), 118(1), 351(3), 352 R/w 190 of Bharatiya
Nyaya Sanhita and section 27 of the Arms Act, pending before the
Hon’ble VIth Addl Chief Judicial Magistrate at Bengaluru, to meet the
ends of justice.

BENGALURU
[
DATE: 28-02-2025 ADVOCATE FOR
PETITIONERS
(HARISH
PRABHU.S)

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS

JUDGE, AT BENGALURU

CRL.MISC.NO. /2025

PETITIONER: ABHISHEK KUMAR TIWARI

AND OTHERS

V/s

RESPONDENT: STATE BY KODIGEHALLI PS

INDEX

SL.N DESCRIPTION PAGE.N P.F

O O
 1. MEMORANDUM OF APPLICATION UNDER
SECTION 483 OF THE BHARATIYA
NAGARIKA SURAKSHA SANHITA

2. LIST OF DOCUMENT

3. MEMO OF APPEARANCE.

4. PROCESS MEMO WITH RESPONDENT

COPY.

BENGALURU

DATE: 28-02-2025 ADVOCATE FOR

PETITIONERS
(HARISH
PRABHU.S)

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS

JUDGE, AT BENGALURU

CRL.MISC.NO. /2023

PETITIONER: ABHISHEK KUMAR TIWARI

AND OTHERS

V/s

RESPONDENT: STATE BY KODIGEHALLI PS

 LIST OF DOCUMENTS

1. FIR AND COMPLIANT IN CRIME.No.33/2025 AS DOCUMENT-1

AND DOCUMENT-2.

2. REMAND APPLICATION AND ORDER SHEET AS DOCUMENT-3

AND DOCUMENT-4.

3. FIR IN CRIME.No.29/2025 OF KODIGEHALLI AS DOCUMENT-5.

4. FIR AND COMPLAINT IN CRIME.No.34/2025 AS DOCUMENT-6.

5. STUDENT IDENTITY CARD OF PETITIONER No.2 AS DOCUMENT-7.

6. COPY OF AADHAR CARDS AS DOCUMENT-8.

BENGALURU
DATE: 28-02-2025 ADVOCATE FOR
PETITIONERS

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS

JUDGE, AT BENGALURU

CRL.MISC.NO. /2023

PETITIONER: P1 ABHISHEK KUMAR

TIWARI
P2 ARYA.J @ ARYA J GOWDA
P3 SHUBAM KUMAR

V/s
 RESPONDENT: STATE BY KODIGEHALLI PS

MEMO OF APPEARANCE

The Advocates undersigned have been assigned to appear, represent

and prosecute the above case in Crl. Misc Petition, in behalf of the

Petitioner No.1 and 2, the Advocates most humbly pray that, this

Hon’ble court may be pleased to grant them permission to do the

same, in the interest of Justice.

BENGALURU
DATE: 28-02-2025 ADVOCATES