- 1 - NC: 2025:KHC:1917 CRL.P No. 1685 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1685 OF 2023 BETWEEN: 1. SRI. GAJENDRA B., S/O R. BALARAJ, AGED ABOUT 39 YEARS. 2. SRI. JAGADISH B., S/O R. BALARAJ, AGED ABOUT 41 YEARS. BOTH ARE R/AT NO.3, 1ST CROSS, 27TH MAIN, VGS LAYOUT, EJIPURA, VIVEKNAGAR POST, BENGALURU -560 047. …PETITIONERS (BY SRI. V. PRABHAKAR, ADVOCATE) AND: 1. STATE BY KARNATAKA REPRESENTED BY VIVEKNAGAR POLICE, VIVEKNAGAR, BENGALURU -560 047. 2. SRI. GORE KATHIRI S/O PAROW, AGED ABOUT 45 YEARS, GAYATHRI SERVICES APARTMENT, NO.26, ASHWINI LAYOUT, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1917 CRL.P No. 1685 of 2023 EJIPURA, BENGALURU-560 047. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R1; SRI. B. MADHUSUDHAN ADIGA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.53098/2021 (CR.NO.8/2021 OF VIVEK NAGAR POLICE STATION) ON THE FILE OF XXIX ADDL.C.M.M., MAYO HALL UNIT, BENGALURU FOR THE OFFENCE P/U/S 323, 504, 506 R/W 34 OF IPC VIDE ANNEXURE - C, D, E AND G. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is filed by the accused in C.C.No.53098/2021 on the file of XXIX Addl. Chief Metropolitan Magistrate, Bengaluru is directed against the impugned order 14.10.2022 whereby the application filed by the petitioner/accused Nos.1 and 2 under Section 239 of Cr.P.C. seeking discharge was rejected by the Trial Court. 2. Heard the learned counsels for the parties and perused the material on record. - 3 - NC: 2025:KHC:1917 CRL.P No. 1685 of 2023 3. Perusal of material on record will indicate that the respondent No.2-Complainant instituted the aforesaid proceedings which are presently pending before the Trial Court in C.C.No.53098/2021 for the offences punishable under Sections 323, 504, 506 read with Section 34 of IPC. Prior to framing of charge, the petitioner-accused having filed the instant application under Section 239 of Cr.P.C. seeking discharge, the same came to be rejected by the Trial Court by passing the impugned order which is assailed in the present petition. 4. A perusal of the impugned order indicated that though the Trial Court has referred to the statement of C.W.1 to C.W.7 as well as the document evidence on record, there is no detailed discussion with regard to the evidentiary value of the said documents and as such, the impugned order being unreasoned and non-speaking without assigning any cogent or valid reasons, as to why the application for discharge filed by the petitioner was being rejected, I am of the considered opinion that the impugned order deserves to be set aside and the matter be remitted back to the Trial Court for reconsideration afresh in accordance with law. 5. In addition, there to, learned counsel for the petitioner submits that if one more opportunity is provided the petitioner - 4 - NC: 2025:KHC:1917 CRL.P No. 1685 of 2023 would produce additional documents in support of their discharge application which may also be directed to be considered by the Trial Court, in accordance with law. 6. Under these circumstances, I am of the view that the impugned order passed by the Trial Court deserves to be set aside and the matter remitted back to the Trial Court for reconsideration of the discharge application, in accordance with law. 7. In the result, I pass the following: ORDER i. Criminal petition is allowed. ii. The impugned order dated 14.10.2022 passed by the XXIX Addl. Chief Metropolitan Magistrate, Bengaluru is set aside and the matter is remitted back to the Trial Court for reconsideration of the discharge application by the petitioner afresh, in accordance with law. iii. Liberty is reserved in favour of the both side to put forth all their contentions, pleadings, documents etc., before the Trial Court and which shall be considered in accordance with law. - 5 - NC: 2025:KHC:1917 CRL.P No. 1685 of 2023 All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE RKA List No.: 1 Sl No.: 2 CT:SNN