Karnataka High Court
B G Krishnamurthy vs State Of Karnataka on 6 February, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2026:KHC:7090
CRL.P No. 12654 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 12654 OF 2025
(482(Cr.PC) / 528(BNSS)
BETWEEN:
1. B.G. KRISHNAMURTHY
AGED ABOUT 63 YEARS,
S/O LATE B. GANGADHARAPPA,
ADDITIONAL DIRECTOR.
ESI HOSPITAL, RAJAJINAGARA,
BENGALURU - 10.
2. DEEPAK J,
AGED ABOUT 40 YEARS,
Digitally
signed by S/O D.B. JAVAREGOWDA,
SANJEEVINI J
KARISHETTY KITCHEN DEPARTMENT,
Location:
High Court of ESI HOSPITAL,
Karnataka
RAJAJINAGARA,
BENGALURU - 10.
...PETITIONERS
(BY SRI. RAVI L. VAIDYA, ADVOCATE)
-2-
NC: 2026:KHC:7090
CRL.P No. 12654 of 2025
HC-KAR
AND:
1. STATE OF KARNATAKA BY
RAJAJINAGARA P. S.,
BENGALURU - 10.
R/BY STATE PUBLIC PROSECUTOR.
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SMT. MENAKA,
AGED ABOUT 51 YEARS,
W/O LATE SAMPANGI,
NO. 73, ANANDAPURA,
CHAMARAJPET, BENGALURU - 18.
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;
SRI. S. DORERAJU, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
SPL.CC NO.876/2025 ON THE FILE OF THE LEARNED COURT OF
THE LXX ADDL.CITY CIVIL AND SESSIONS JUDGE, SPECIAL
JUDGE, CCH-71, AT BENGALURU CITY FOR THE OFFENCES
P/U/S 354, 504, 509, 506 R/W 149 OF IPC AND SECTION
3(1)(e), 3(1)(h) AND 3(1)(r) OF SC/ST (PREVENTION OF
ATROCITIES) ACT, 1989 AT DOCUMENT NO.1.
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NC: 2026:KHC:7090
CRL.P No. 12654 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners - accused Nos.4 and 5 are before this Court calling in question the proceedings in Spl.C.C.No.876/2025 for the offences punishable under Sections 354, 504, 509, 506 read with Section 149 of the IPC and under Sections 3(1)(e), 3(1)(h) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Heard Sri. Ravi L. Vaidya, learned counsel appearing for the petitioners, Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1, Sri. S. Doreraju, learned counsel appearing for respondent No.2 and have perused the material on record.
3. Qua accused No.1, on 08.01.2026, this Court in Crl.P.No.10047/2025 allowed the petition in-part and remitted -4- NC: 2026:KHC:7090 CRL.P No. 12654 of 2025 HC-KAR the matter back to the hands of the concerned Court. This Court in the aforesaid petition, has held as follows:
"8. The afore-narrated facts are not in dispute. The link in the chain of events would not require reiteration. The 2nd respondent is the complainant who was working as House Keeper on contract basis in the ESIC Hospital, Rajajinagar. The complainant was working for over 12 years by the time the petitioner takes position that he held in the Hospital. On some occasions, the complainant was also made to work in the premises of the petitioner. Alleging that the petitioner has harassed the complainant by misusing his official position by asking her to do body massage, wash his clothes, die his hairs and knowing fully well that she belongs to Scheduled Caste has hurled abuses, the complaint comes to be registered by the 2nd respondent on 11-02-2022 which becomes crime in Crime No.16 of 2022 for offences punishable under Sections 354, 504, 506, 509, 149 of the IPC and Sections 3, 3(1)(e), 3(1)(h), 3(1)(r) of the Schedule Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Since the entire issue now triggered from the complaint, I deem it appropriate to notice the complaint. It reads as follows:
"gÀªÀjUÉ, E£ïì¥ÉPÀÖgï ¸Ágï, gÁeÁf £ÀUÀgÀ, ¨ÉAUÀ¼ÀÆgÀÄ, gÁeÁf £ÀUÀgÀ ¥Éưøï oÁuÉ ¨ÉAUÀ¼ÀÆgÀÄ.
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ೕಲUಂಡ &ಷಯ7ೆU ಸಂಬಂಧಪಟXಂ0ೆ ೕಲUಂಡ ೕನಕ 48 ವಷ ಅವಳದ Gಾನು YಂದುCದ ದ2ತ Gಾನು YಂದುCದ ದ2ತ (ಾ=ಯ ಗ9ಾ ದುN, ಅ&Oಾ%ವಂತರು ಕೂಡ Hೌದು, ಕಡುಬಡತನ ಂದ ಬದುಕು=>ರುವ Gಾನು Gಾನು ನನ[ ಗಂಡನನು[ ಕ9ೆದು7ೊಂಡು ಮಕUಳನು[ ¸Áಕುವ ಸಲುKಾ ಅ= ಕಷX ಂದ ದುQಯು=>ದುN, ೕಲUಂಡ ಾ(ಾ)ನಗರದ ಇಎ,ಐ. ಆಸ/0ೆ1 ಯ23 ಸ4ಚ60ಾ 7ಾ8 ಕ ಾ ಗು=>?ೆ ಆ\ಾರದQ ಸು;ಾರು ಹGೆ[ರಡು ವಷ ಗCಂದ 7ೆಲಸ ¤ªÀð»¹PÉÆAಡು ಬಂ ದುN, ಉತ>ಮ Hೆಸರನು[ ಪ_ೆ ರು0ೆ>ೕGೆ. ಆದ ೆ ಸು;ಾರು GಾಲುU ವಷ ಂದ ಇಎ,ಐ ಕ ೇB r r J¥sï (qÉ¥ÀÆån _ೈ ೆಕX` ಆa bೈGಾcd ) ಅA7ಾBeಾ Hೊರ ಾಜ%ದ fGೋg ಕು;ಾ` ) ೕ#' (AiÀiÁzÀªï) ಎಂಬ C¢üPÁjAiÀÄÄ PÀZÉÃjUÉ ಬಂದ ನಂತರ ಆಸ/0ೆ1ಯ .ಬhಂ ಗಳನು[ ಕತ ವ%ದ ಸಮಯದ23 ತನ[ ಮGೆ?ೆ ಕ ೆ.7ೊಂಡು ªÉÊAiÀÄQÛPÀ PÉ®¸Àಗಳನು[ ;ಾQಸು=>ದNರು ಮತು> )ೕತOಾಳP Bೕ= 7ೆಲಸವನು[ ;ಾQ.7ೊಂಡು ಹಲKಾರು ಮY9ೆಯB?ೆ Dೈಂ ಕ Eರುಕುಳವನು[ FೕQರು0ಾ> ೆ ಇವeಾ ರು ಮeಾ Oೆ?ೆ ಅಂ) ದೂರನು[ Fೕಡಲು ಮುಂOೆ ಬರುವ ಲ3 ಅದರಂ0ೆ.. ನನ[ನು[ ಕೂಡ ಆಸ/0ೆ1ಯ 7ೆಲಸದ ಸಮಯದ23 ಮGೆಯ ಅಡು?ೆ 7ೆಲಸ7ೆU ಕ ೆದು ನನ?ೆ ಅಸಭ% Bೕ=ಯ23 ಕಣುj ಸF[ ;ಾಡುವ ದು, ಅಡು?ೆ ;ಾಡು=>ರುವ ಸಂದಭ ಧ23 ೖ7ೈ ಮುಟXಲು ಪ1ಯ=[ಸುವ ದು. ಅ ೆ ೆತ>Dೆಯ23 Fಂತು ಅಸಭ%Kಾ ವ= ಸುವ ದು, ೖ ಮkಾl ;ಾಡುವಂ0ೆ ಬಲವಂತ ;ಾಡುವ ದು, ತDೆ?ೆ ಬಣj, ಎmೆj Hಾಕಲು ಒ0ಾ>oಸುವ ದು ಇದ7ೆU ಒಪ/ OಾNಗ Yಂ pಾqೆಯ23 ಅKಾಚ% ಶಬN ಂದ Fಂ ಸುವ ದು, ಮತು> Fೕನು 7ೇಳP (ಾ=ಯವಳP HೇCದಷುX 7ೆಲಸ ;ಾಡು ಎಂದು (ಾ=FಂದGೆ ;ಾಡುವ ದು, ಈ Bೕ=ಯ ಕೃತ%ಗ9ೆ ಂ ?ೆ Dೈಂ ಕ Oೌಜ ನ% ನ_ೆ.ದNಲ3Oೆ ಮGೆಯ ಾ ಲನು[ HಾE ನF[ಂದ ಎಲ3 7ೆಲಸವನು[ ( ತDೆ?ೆ ಕಲ` HಾE.7ೊಳPTವ ದು. ಮkಾl ;ಾಡುವಂ0ೆ ಒ0ಾ>oಸುವ ದು. ಅವರ ಒಳ ವಸtಗಳನು[ 0ೊ9ೆಸುವ ದು. ಅವರ ೆuKೇv ಾw Gಾ ಕೂದಲನು[ (kೇ&ಂx) 0ೆ?ೆಯುವಂ0ೆ ಕ ೆಯುವ ದು ;ಾQ.7ೊಂQರು0ಾ> ೆ.). ಇದ7ೆU ಅಸಮy= 0ೋB.Oಾಗ ನನ[ ೕDೆ ಇಲ3ಸಲ3ದ ಆ ೋಪ ;ಾಡುವ ದು ಸಂಬಳವನು[ ಕಟುX ;ಾಡುವ Oಾ ಮತು> ಸುಳPT ದೂರು Oಾಖ2. 7ೇಸು ;ಾಡುವ Oಾ ಾ3z ೕ# ತಂತ1ವನು[ ;ಾಡು=>ದುN ಇವBಂದ ಸು;ಾರು GಾಲುU ವಷ ಗCಂದ ;ಾನ.ಕ ಮತು> OೈYಕKಾ Gೊಂದು Hೋ ದುN, ಈ &ಷಯದ23 ಸಂಬಂಧಪಟX ?ೊ3ೕಬ# ;ಾ%GೇeÉäAv ಸಂkೆ{ಯ ಗು=>?ೆOಾರ ಾದ 0ಾರGಾಥ ಮತು> ಸೂಪ` Kೈಸ` &}ಾDಾ~.-6-
NC: 2026:KHC:7090 CRL.P No. 12654 of 2025 HC-KAR ಅವರ23 =C.ದರು Fೕವ ಅವರು HೇCದಂ0ೆ 7ೇಳ ೇಕು ಸ4ಲ/ ಅqÀÓ,X ;ಾQ7ೊCT ಇಲ3 ದN ೆ ಅವರು ನಮ?ೆ f# ೇ ಂv ;ಾಡುವ ಲ3 Fೕನು ಅqÉÓ,X ;ಾQ7ೊಂಡು ಅವರು HೇCದಂ0ೆ 7ೇಳP ಇಲ3 ದN ೆ 7ೆಲಸ fಟುX Hೋಗು ಎಂದು ಅKಾಚ% ಶಬN ಂದ Fಂ . FೕGೇನು kಾ ಾGಾ Hೊಲಯ (ಾ=ಯವ9ೇ FೕGೇನು ಸುಂದB Gಾ..Hೋಗು Hೋಗು ಎಂದು ಒ0ಾ>ಯವನು[ HೇB ಅKಾಚ% ಶಬN ಂದ Fಂ . ಸಂಬಳವನು[ ಕಟುX ;ಾಡು0ೆ>ೕKೆ 7ೆಲಸ ಂದ 0ೆ?ೆದು Hಾಕುತ>Kೆ ಎಂದು ಾ3PÉäÃ# ;ಾQ ೆದBಸು0ಾ> ೆ...
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kಾ48 Gಾವ ಕಡುಬಡವ YಂದುCದ ಜGಾಂಗದವ ಾ ದುN ನಮ?ೆ ಈ 7ೆಲಸ Hೊರತು ಪQ. ೇ ೆ eಾವ Oೇ ಆOಾಯ ಮತು> ಹಣದ ಮೂಲ ಇರುವ ಲ3. ಈ 7ೆಲಸವನು[ ನಂf ನಮy ಕುಟುಂಬ ಬದುಕು=>ದುN ನನ[ ೕDೆ Dೈಂ ಕ Oೌಜ ನ% ಮತು> Hಾಗೂ ಮY9ಾ Oೌಜ ನ% ;ಾನವ ಹಕುU ಉಲ3ಂಘGೆ ಾ3PÉäÃ# Hಾಗೂ ೌQಗಳನು[ fಟುX ಹDೆ3 ;ಾಡಲು ಪ1ಯತ[ ;ಾQ ನನ[ ೕDೆ Dೈಂ ಕ Oೌಜ ನ% ನ_ೆ.ದ Q Q ಎa ಅA7ಾB fೕ ೕ# ಕು;ಾ` ಮತು> ಇದ7ೆU ಉ0ೆ>ೕಜನ FೕQದ vÁgÁ£Áxï &}ಾDಾ~, ಕೃಷjಕು;ಾ` ಮತು> ನನ?ೆ ಾ1ಣ ೆದB7ೆ HಾEದ ೕಪz &ರುದR ದೂರು Oಾಖ2. ಸೂಕ> 7ಾನೂನು ಕ1ಮ 7ೈ?ೊಂಡು ಸೂಕ> 7ಾ„NಯQ ಮY9ಾ Oೌಜ ನ% 7ಾ„N, Dೈಂ ಕ Oೌಜ ನ%, 7ಾ„N ಾ1ಣ ೆದB7ೆ HಾEರುವ ದು, )ೕತOಾಳP, Bೕ= ದುQ.7ೊಂQರುವ ದು ಇOೆಲ3ವನೂ[ ಗಮF. ನಮ?ೆ Gಾ%ಯ 7ೊQಸ ೇ7ೆಂದು Fಮy23 ಮನ& ;ಾQ7ೊಳPT0ೆ>ೕKೆ...
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The Police then conduct investigation during which time the statement of the complainant is recorded and a 'B' report is filed before the concerned Court. On the 'B' -7- NC: 2026:KHC:7090 CRL.P No. 12654 of 2025 HC-KAR report the 2nd respondent files a protest memo contending that 'B' report must be rejected. The concerned Court is said to have closed the proceedings by accepting 'B' report contrary to law. Therefore, 2nd respondent approached this Court in Criminal Petition No.3985 of 2023 wherein this Court by order dated 23-05-2023 remitted the matter back to the hands of the concerned Court to hear the 2nd respondent and then pass orders on the 'B' report. It is then the concerned Court takes cognizance of the offence and registers the case against the petitioner. The order of rejection of 'B' report and taking of cognizance reads as follows:
"ORDERS On going through the material on record, the complainant has made specific allegation that the complainant was forced to work in the home office of the accused situated near Rajajinagar and in fact complainant has been sexually harassed as per the complaint. In fact, the mobile phone seized of the CW-2 and evidence of other witnesses before this Court and even the protest made by the petitioners as per the paper publication and the pen drive placed on record with retard to the incident prima facie discloses there is cognizable offence being committed. However, Investigating Officer has not followed due procedure as per Rule 5, 6 and on registering the crime by the PSI, Rajajinagar, the same has been handed to ACP, Malleshwaram who has not made inspection of the premises nor obtained opinion with regard to forensic report. The mobile recordings made by Somashekar and even the B Report was accepted by the Hon'ble High Court Karnataka in Criminal Petition No.3985 of 2023. On going through the materials as observed an opportunity is to be given to the complainant. This Court on going through the videos recorded in the mobile phone finds prima facie material to take cognizance against the accused.
Office is directed to keep the CD, Pen Drive Ex.C2 CD seized by the Investigating Officer in PF No.24 of 2022 are to be kept in safe custody. The Investigating Officer has failed to even record the 164 statements of the victims. AS such there is failure in conducting proper investigation as per Rule 9 of SC/ST (POA)Rules, 1995. Accordingly, on going through the evidence of petitioners, the B report submitted by ACP, Malleshwaram is against the principles of natural justice -8- NC: 2026:KHC:7090 CRL.P No. 12654 of 2025 HC-KAR and also the filing B report is opposed to law. Accordingly, B report rejected and this Court proceeds to pass the following:
ORDER The office is directed to register Spl.Case.
Issue SS to accused returnable by 21-06-2025.
Office is directed to keep the CDs and the pen drive seized by the Investigating Officer and produced by the complainant in safe."
If the order of taking cognizance is noticed, it does not indicate as to for what offences the cognizance is taken after rejection of 'B' report, though there is ample material against the petitioner for the offences punishable under Sections 354, 504 and 506 of the IPC including the offences under Sections 3(1)(e), 3(1)(h) and 3(1)(r) of the Act. The order of taking cognizance is absolutely bald.
9. A coordinate Bench of this Court in the case of Dr. RAVIKUMAR v. Mrs. K.M.C. VASANTHA1, while considering an identical circumstance, has held as follows:
".... .... ....
5. The procedure followed by the Learned Magistrate is not in accordance with law. It is well recognized principle of law that, once the Police submit 'B' Summary Report and protest petition is filed to the same, irrespective of contents of the protest petition, the Court has to examine the contents of 'B' Summary Report so as to ascertain whether the Police have done investigation in a proper manner or not and if the Court is of the opinion that the investigation has not been conducted properly, the Court has got some options to be followed, which are,-
i) The court after going through the contents of the investigating papers, filed u/s 173 of Cr. P.C., is of the opinion that the investigation has not been done properly, the court has no jurisdiction to direct the Police to file the charge sheet however, the Court may direct the Police for re or further investigation and submit a report, which power is inherent under section 156(3) of Cr. P.C., but 1 ILR 2018 Kar. 1725 -9- NC: 2026:KHC:7090 CRL.P No. 12654 of 2025 HC-KAR before taking cognizance such exercise has to be done. This my view is supported by the decisions of the Hon' ble Apex Court in a decision reported in between Abhinandan Jha v. Dinesh Mishra [AIR 1968 S.C. 117.] (para 15) and also Full Bench decision of Apex Court in between Kamalapati Trivedi v. State of West Bengal [(1980) 2 SCC
91.] (second head note.)
ii) If the court is of the opinion that the material available in the 'B' Summary Report makes out a cognizable case against the accused and the same is sufficient to take cognizance, and to issue process, then the court has to record its opinion under Sec.
204 of Cr. P.C., and the Court has got power to take cognizance on the contents of 'B' Summary Report and to proceed against the accused, by issuance of process.
iii) If the court is of the opinion that the 'B' Summary Report submitted by the Police has to be rejected, then by expressing its judicious opinion, after applying its mind to the contents of 'B' report, the court has to reject the 'B' Summary Report.
iv) After rejection of the 'B' Summary Report, the court has to look into the private complaint or Protest Petition as the case may be, and contents therein to ascertain whether the allegations made in the Private complaint or in the Protest Petition constitute any cognizable offence, and then it can take cognizance of those offences and thereafter, provide opportunity to the complainant to give Sworn Statement and also record the statements of the witnesses if any on the side of the complainant as per the mandate of Sec. 200 Cr. P.C.
v) If the court is of the opinion that the materials collected by the police in the report submitted under section 173 of Cr. P.C. are not so sufficient, however, there are sufficient materials which disclose that a cognizable offence has been committed by the accused, the court can still take cognizance of the offence/s under Section 190 read with 200 Cr. P.C. on the basis of
- 10 -
NC: 2026:KHC:7090 CRL.P No. 12654 of 2025 HC-KAR the original complaint or the protest petition as the case may be. After taking cognizance and recording sworn statement of the complainant and statements of witnesses if any and also looking into the complaint/Protest Petition and contents therein, if the Magistrate is of the opinion that, to ascertain the truth or falsity of the allegations further inquiry is required and he thinks fit to post pone the issue of process he can still direct the investigation under section 202 of Cr. P.C., to be made by a Police officer or by such other officer as he thinks fit, to investigate and submit a report, for the purpose of deciding whether or not there is sufficient ground for proceeding against the accused. In the above eventuality, care should be taken that, the case shall not be referred to the Police under section 156(3) of Cr. P.C., once the magistrate takes cognizance and starts inquiring into the matter himself.
vi) After taking such report under section 202 of Cr. P.C., and looking to the entire materials on record, if the magistrate is of the opinion that there are no grounds to proceed against the accused, then the Magistrate is bound to dismiss the complaint or the Protest Petition u/s. 203 of Cr. P.C. as the case may be.
vii) If in the opinion of the Magistrate there are sufficient grounds to proceed against the accused, on examination of the allegations made in the Protest Petition or in the complaint, as the case may be and also after perusal of the sworn statement, then he has to record his opinion judiciously, and issue summons to the accused by exercising power u/s. 204 of Cr. P.C."
(Emphasis supplied) The coordinate Bench holds as to what is to be done by the learned Magistrate while taking cognizance of the offence on a 'B' report. None of the postulates laid down by the coordinate Bench are even looked into by the concerned Court. Though the submission of the learned
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NC: 2026:KHC:7090 CRL.P No. 12654 of 2025 HC-KAR counsel for the 2nd respondent/complainant would merit complete acceptance that prima facie offences are met, the order of taking cognizance is not in consonance with law.
10. It is high time the concerned Courts must stop passing orders on taking cognizance holding it be a frolicsome act. Order of taking cognizance and issuance of summons have significance in criminal jurisprudence. It cannot be done in a cavalier manner, as is done in the case at hand. Without even indicating for what offences cognizance is taken and why 'B' report is rejected or why report of the Commissioner that the concerned Court had sought and secured is more acceptable. All these are necessary to be considered by the concerned Court. In the light of the order of the concerned court being contrary to law, this Court is left with no option except to remit the matter back to the concerned Court for passing necessary orders, bearing in mind the observations made in the course of the order, with particular reference to the judgment of the coordinate Bench in the case of RAVIKUMAR supra.
11. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petition is allowed in part and order dated 15-04-2025 passed in Special C.C.No.876 of 2025 is set aside.
(ii) The matter is remitted back to the hands of the LXX Additional City Civil and Sessions Judge & Special Judge at Bangalore to pass appropriate orders in accordance with law, bearing in mind the observations made in the course of the order, within an outer limit of eight weeks from the date of receipt of a copy of this order and regulate its procedure thereafter."
4. Since the finding rendered while disposing the aforesaid petition qua co-accused - accused No.1 would become
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NC: 2026:KHC:7090 CRL.P No. 12654 of 2025 HC-KAR applicable to the case of the petitioner as well, they are accused Nos.4 and 5.
5. For the aforesaid reasons, the following:
ORDER
(i) The petition is allowed in-part and order dated 15-
04-2025 passed in Special C.C.No.876/2025 is set aside.
(ii) The matter is remitted back to the hands of the LXX Additional City Civil and Sessions Judge and Special Judge at Bangalore to pass appropriate orders in accordance with law, bearing in mind, the observations made in the course of the order, within an outer limit of eight weeks from the date of receipt of a copy of this order and regulate its procedure thereafter.
Sd/-
(M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 29 CT:BHK