- 1 - NC: 2025:KHC:3219 WP No. 2005 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.2005 OF 2025 (GM-RES) BETWEEN: MR. ABRAR YUSUF PANDROWALA S/O SHRI. YUSUF PADROWALA, AGED ABOUT 35 YEARS, NO.90 SPENCER ROAD, FRAZER TOWN, BANGALORE – 560 005. …PETITIONER (BY SRI. SHYAM SUNDAR, SENIOR COUNSEL FOR SMT. VANDANA P L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PULKESHI NAGAR PS, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA BANGALORE – 560 001. 2. SARAH ASIF KADAWALA W/O ASIF KADAWALA, AGED ABOUT 32 YEARS, NO.7, GROUND FLOOR, ACHYTHARAYA MODALIYAR ROAD, FRAZER TOWN, BANGALORE – 560 005. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 481 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN CC NO.11617/2021 ARISING OUT OF CRIME NO.44/2020 OF RESPONDENT PULIKESHI NAGAR POLICE STATION FOR THE OFFENCES PUNISHABLE SEC. 447, 354, 354(B), Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3219 WP No. 2005 of 2025 354(D), 376 AND 506 OF INDIAN PENAL CODE AND SEC.66(C) AND SEC 66(E) INFORMATION TECHNOLOGY ACT PENDING ON THE FILE OF CITY CIVIL AND SESSIONS COURT CCH-54 AT BENGALURU ARRAIGNING THE PRESENT PETITIONER AS ACCUSED NO.1 (ANNX-E). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- (i) Issue an appropriate writ or order quashing the charge sheet in C.C.No.11617/2021 out of Crime No.44/2020 of Respondent Pulikeshi Nagar Police Station for offences punishable under Sec.447, 354, 354(B), 354(D), 376 and 506 of Indian Penal Code and Sec.66(C) and Section 66(E) of Information Technology Act, pending on the file of City Civil and Sessions Court CCH-54 at Bengaluru arraigning the present petitioner as Accused No.1(Annexure-E) and (ii) Pass such other orders or directions deemed fit to be passed under the circumstances of the case in the interest of justice and equity. 2. After arguing the matter for some time, learned Senior counsel for the petitioner, on instructions, submits that the discharge application filed by the petitioner – accused No.1 has not been disposed of by the trial court but instead issued NBW as against the petitioner – accused No.1, who is before this Court by - 3 - NC: 2025:KHC:3219 WP No. 2005 of 2025 way of the present petition. It is further submitted that the case has been presently posted before the trial court on 27.01.2025 and the present petition may be disposed of by recalling the NBW and directing the trial court to dispose of the discharge application in accordance with law by leaving open all contentions. The said submission is placed on record. 3. Learned HCGP for the respondent – State submits that there is no merit in the petition and that the same is liable to be dismissed. 4. In view of the facts and circumstances of the case and the submissions made at the bar, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition by issuing certain directions in this regard. 5. In the result, I pass the following:- ORDER (i) Petition stands disposed of. (ii) The NBW issued as against the petitioner – accused No.1 stands recalled. - 4 - NC: 2025:KHC:3219 WP No. 2005 of 2025 (iii) The trial court is directed to dispose of the discharge application within a period of one month from 27.01.2025. (iv) It is however made clear that till disposal of the discharge application by the trial court as stated supra, all further proceedings shall remain in abeyance. (v) All rival contentions between the parties are kept open and no opinion is expressed on the same. (vi) Liberty is reserved in favour of the petitioner to approach this Court, if the occasion so arises. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 4 Sl No.: 9