- 1 - HC-KAR NC: 2025:KHC:21274 WP No. 4270 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 4270 OF 2025 (GM-RES) BETWEEN: 1. SRI. K.P. GHANSHYAM S/O SHRI K.L.A. PADMANABHASA, AGED ABOUT 54 YEARS, RESIDING AT: NO.9/1, SESHADRI ROAD, OPP. FIRE STATION, GANDHINAGAR, BENGALURU - 560 009 2. SRI. SAHASRARJUN GHANSHYAM KHODAYM S/O. K P GHANSHYAM, AGED ABOUT 32 YEARS, RESIDING AT: NO.9/1, SESHADRI ROAD, OPP. FIRE STATION, GANDHINAGAR, BENGALURU - 560 009 …PETITIONERS (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE FOR SRI. AGASTHYA T.S., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY. SESHADRIPURAM POLICE STATION, BENGALURU 1ST MAIN ROAD, SC ROAD, SESHADRIPURAM BENGALURU - 560 020 2. MR. K.S. BRIJMOHAN S/O. SRI. K L SWAMY, AGED ABOUT 48 YEARS, RESIDING AT: NO.9/1, Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21274 WP No. 4270 of 2025 SESHADRI ROAD, OPP. FIRE STATION, GANDHINAGAR, BENGALURU - 560 009. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP., FOR R1 SRI. P.P. HEGDE, SR, ADVOCATE FOR SRI. VENKATESH SOMAREDDI, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION OR ORDER DECLARING THE ARREST OF THE PETITIONER NO. 1/ACCUSED NO. 1 ON 26.01.2025, ORDER DATE:27.01.2025 IN PURSUANCE TO THE EXECUTION OF NBW ISSUED BY THE III ADDL. CJM, BENGALURU IN CC 21893/2022 IN CRIME NO. 08/2021 FOR OFFENCES PUNISHABLE U/S 406, 408, 465, 468, 471, 420, 120B R/W 34 OF IPC BY THE RESPONDENT AS ILLEGAL AS PER ANNEXURE-A. AND ETC., THIS W.P., COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Sri D.R. Ravishankar, learned Senior Advocate for Sri. Agasthya T.S., learned counsel for the petitioners has filed a memo seeking permission to withdraw the petition as not pressed. 2. The memo reads as under: "i). The present petition was filed seeking declarations that the NBWs issued against the petitioners and their arrest are illegal; - 3 - HC-KAR NC: 2025:KHC:21274 WP No. 4270 of 2025 ii). The ground for seeking relief of declaration regarding the issue of NBWs and arrest of the petitioners are set out in paragraph Nos.28 to 39 of the present petition. iii). While seeking permission to withdraw the present petition, the petitioners undertake that they shall not seek declaration that the issue of NBWs and arrest of the petitioners are illegal, and also not urge the grounds in support of such relief as set out in paragraph Nos.28 to 39 of the present petition in any other proceeding including the separate Criminal Petitions filed by the petitioners seeking Bail, i.e. Crl.P.Nos.6677 of 2025 and 6733 of 2025. Wherefore the present Memo may kindly be taken on record and the above petition be dismissed as not pressed in the interests of justice." 3. Sri P.P.Hegde, learned Senior Advocate for the respondents opposes the memo and for dismissal of the petition as not pressed, as his application I.A.No.3/2025 seeking initiation of Contempt Proceedings against the petitioners is pending consideration before this Court. 4. Learned Senior Advocate for the petitioners submits that even if the petition is to be dismissed as not pressed, he has absolutely no objection for the Court to keep the application-I.A.No.3/2025 pending for consideration on merits, independently. - 4 - HC-KAR NC: 2025:KHC:21274 WP No. 4270 of 2025 5. However, it is the objection raised by the learned Senior Advocate for the respondents that, when the petitioners are guilty of committing contempt for the reasons stated in the application, as per the dictum of the Hon'ble Apex Court in K.D. Sharma v. Steel Authority of India Limited and others1, the only course open to the Court is to dismiss the petition at the threshold without considering the merits of the claim and that does not mean that the petitioners may be permitted to withdraw the petition as not pressed. 6. 6. On going through the decision rendered by the Hon'ble Apex Court in K.D. Sharma (supra), the Court has no doubt to condemn the conduct of the party before it and held that if there is no candid disclosure of the claim and material facts by the petitioners and they are guilty of misleading the Court, the petition is to be dismissed at the threshold without considering the merits of the claim. 7. We are still at the stage of hearing the matter on merits. In the mean time, the petitioners have come up with the memo referred to above, seeking dismissal of the petition as not pressed. I do not find any grounds to keep the petition pending to be considered on merits when the petitioners have filed the memo referred to above. 1 2008 (12) SCC 481 - 5 - HC-KAR NC: 2025:KHC:21274 WP No. 4270 of 2025 8. When the learned Senior Advocate for the petitioners has no objection for keeping the application-IA.No.3/2025 pending for consideration on merits, independently of this petition, I proceed to pass the following: ORDER (i) The writ petition is dismissed as not pressed. (ii) Application-I.A.No.3/2025 filed under Sections 226 and 227 of Constitution of India read with Section 528 of BNSS, 2023 is ordered to be heard independently as a petition. In view of dismissal of the writ petition except Application-I.A.No.3/2025 referred to above, all other pending I.A.Nos.1/2025 and 2/2025 stand disposed off. Sd/- (M G UMA) JUDGE MKM List No.: 1 Sl No.: 13