- 1 - HC-KAR NC: 2025:KHC:21460 CRL.P No. 3282 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3282 OF 2025 BETWEEN: SRI. G.N.NANJUNDASWAMY, S/O NANJAYYA, AGED ABOUT 63 YEARS, FORMER MLA OF KOLLEGAL CONSTITUENCY, R/AT DFO OFFICE ROAD, KOLLEGAL – 571 440. …PETITIONER (BY SRI. T. PRAKASH, ADVOCATE) AND: SRI. N. MAHESH, S/O LATE NANJAIAH, AGED ABOUT 68 YEARS, FORMER MEMBER OF LEGISLATIVE ASSEMBLY, R/AT NO.1-375, GP MALLAPPA PURAM, KOLLEGAL TOWN, KOLLEGAL – 571 440. …RESPONDENT (BY SRI.SHRIDHAR PRABHU, ADVOCATE) *** THIS CRL.P. IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21460 CRL.P No. 3282 of 2025 21.01.2025 VIDE ANNEXURE - A REGARDING TAKING COGNIZANCE IN PCR.NO.11498/2024 NOW NUMBERED AS CC.NO.2399/2025, BY HON'BLE 42ND ACJM BENGALURU FOR THE ALLEGED OFFENCES P/U/S 500 OF IPC, ON THE BASIS OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT, WHICH IS PENDING ON THE FILE OF THE COURT OF 42ND ACJM BENGALURU. THIS CRL.P, 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 by the accused in PCR No.11498/2024 is directed against the impugned order dated 21.01.2025 passed by the learned XLII ACJM, at Bengaluru, whereby the Trial Court took cognizance of the offences punishable under Section 500 of IPC against the petitioner by invoking Section 223 (1) of the BNSS, 2023. 2. Heard the learned counsel for petitioner/accused and learned counsel for respondent/complainant and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:21460 CRL.P No. 3282 of 2025 3. A perusal of the material on record will indicate that the respondent/complainant filed the instant complaint in PCR No.11498/2024 against the petitioner alleging offences punishable under Sections 175, 352 and 356(2) of BNS, 2023 and for other reliefs. 4. The Trial Court issued notice to the petitioner who entered his appearance through his counsel, but did not choose to file his objections nor deny the allegations made by the respondent/complainant. The Trial Court proceeded to record the sworn statement of the respondent and his witnesses along with documentary evidence and proceeded to pass the impugned order taking cognizance of the offences punishable only under Section 500 of IPC and did not take cognizance for the offences punishable under Section 171(G) and 504 of IPC. Aggrieved by the impugned order passed by the Trial Court, taking cognizance for the offence punishable under Section 500 of IPC against the petitioner, he is before this Court by way of the present petition. - 4 - HC-KAR NC: 2025:KHC:21460 CRL.P No. 3282 of 2025 5. Learned counsel for the petitioner submits that though he entered appearance through his counsel, due to bona fide reasons, unavoidable circumstances and sufficient cause, he was not in a position to file objections nor respond to the notice issued to him under Section 223(1) of the BNSS, 2023, as a result of which, the Trial Court has proceeded further and taken cognizance of the offence against the petitioner. It is submitted that the petitioner intends to file objection by way of response to the notice issued under Section 223(1) of the BNSS, 2023 and contest the proceedings and as such, if the impugned order is set aside and the matter is remitted back to the Trial Court for reconsideration afresh, the petitioner would file his objections and the Trial Court may be directed to proceed further, in accordance with law. 6. Learned counsel for respondent would support the impugned order and submit that despite several opportunities being granted in favour of the petitioner, he did not choose to file his objections and consequently the - 5 - HC-KAR NC: 2025:KHC:21460 CRL.P No. 3282 of 2025 Trial Court was duly justified in passing the impugned order, which does not warrant any interference in the present petition. 7. Though several contentions have been urged by both sides in support of their respective claims, it can be noticed that, the Trial Court, at paragraph 8 of the impugned order, has specifically observed that the petitioner had entered appearance through his counsel, but had not filed his objections in response to the notice issued to him in terms of Section 223 (1) of the BNSS, 2023. 8. Under these circumstances, by adopting justice oriented approach and in order to provide one more opportunity to the petitioner to file objections and contest the proceedings, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court for reconsideration afresh, in accordance with law, without expressing any opinion on the merits/demerits of the rival contentions. - 6 - HC-KAR NC: 2025:KHC:21460 CRL.P No. 3282 of 2025 9. In the result, I pass the following: O R D E R i. Petition is hereby allowed. ii. Impugned order dated 21.01.2025 passed by the learned XLII ACJM, at Bengaluru in PCR No.11498/2024, taking cognizance for the offence punishable under Section 500 of IPC, is hereby set aside; iii. The matter is remitted back to the Trial Court for reconsideration of the matter afresh, in accordance with law; iv. Petitioner shall file his objections along with documents, if any, to the notice issued to him by the Trial Court under Section 223(1) of BNSS, 2023, within a period of two weeks or before the next date of hearing of the case, whichever is later. - 7 - HC-KAR NC: 2025:KHC:21460 CRL.P No. 3282 of 2025 v. The Trial Court shall consider the private complaint and the sworn statement of the respondent and his witnesses, documents produced by the respondent, objections, if any, along with documents produced by the petitioner and hear both sides and pass appropriate orders within a period of one month from the date on which the petitioner files objections as stated supra. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 3