Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18979 WP No. 11623 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.11623 OF 2025 (GM-RES) BETWEEN:
SRI JAI GANESH SON OF LATE K. SUBRAMANI, AGED ABOUT 36 YEARS, RESIDING AT NO.75, 2ND CROSS, MUNESHWARA BLOCK, VYALIKAVAL, BENGALURU – 560 003.
PRESENTLY RESIDING AT NO.19/1, 14TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALORE – 560 003. …PETITIONER (BY SRI. MADUKAR M. DESHPANDE FOR SRI. MADESH V.M., ADVOCATES)
AND:
1.
STATE OF KARNATAKA BY VYALIKAVAL POLICE STATION,
BENGALURU – 560 003.
REPRESENTED BY ITS
PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU – 560 001.
2.
SRI. PRADEEP KUMAR, SON OF SAMPATHKUMAR,
AGED ABOUT 24 YEARS,
RESIDING AT NO.29, 1ST MAIN,
PREETHI NAGAR, LAGGERE,
BENGALURU – 560 058. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:18979 WP No. 11623 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE
ORDER DATED 31.01.2025 PASSED BY THE ADDITIONAL CITY CIVIL AND SESSION JUDGE, FTSC-IV, BENGALURU IN CRIME NO.0003/2025 FOR REMANDING THE PETITIONER TO POLICE CUSTODY (ANNEXURE-C) IN THE INTEREST OF JUSTICE AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
“i) Issue a writ of certiorari or any other writ or quash the order dated 31.01.2025 passed by the Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru in Crime No.0003/2025 for remanding the petitioner to Police Custody (Annexure-C) in the interest of justice. ii) Issue a writ of certiorari or any other writ or quash the FIR in Crime No.0003/2025 registered by the respondent No.1 Police i.e., Vyalikaval Police Station for the offences punishable under Section 5(L), 5(n), 5(j), 6, 4(2) of Protection of Children from Sexual Offences Act, 2012 read with Sections 65(1), 64(2) (f), 6t (2) (m) of Bharatiya Nyaya Sanhita Act, 2023 (Annexure-A) in the interest of justice. iii) Issue a writ of certiorari or any other writ or quash the complaint dated 29.01.2025 (Annexure-B) lodged
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HC-KAR NC: 2025:KHC:18979 WP No. 11623 of 2025
by the respondent No.2 before the respondent No.1 in the interest of justice. iv) Grant such other reliefs as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned Addl. SPP for respondent No.1 and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioner submits that petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to approach this Court once again, if occasion so arises. In addition thereto, it is submitted that petitioner would file bail application before the Special Court by urging all contentions including grounds urged in the present petition, which may be directed to be consider and dispose of the said bail application as expeditiously as possible, in accordance with law. 4. The said submission is placed on record. 5. Hence, petition stands disposed of as withdrawn reserving liberty in favour of the petitioner to file bail application putting forth all contentions including contentions urged in the
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HC-KAR NC: 2025:KHC:18979 WP No. 11623 of 2025
present petition. In the event, such an application is filed by the petitioner, the Special Court shall consider and dispose of the said application in accordance with law within a period of two weeks from the date of petitioner filing such an application.
Further, liberty is reserved in favour of the petitioner to approach this Court once again, if occasion so arises. 6. Subject to the aforesaid observations and directions, the petition stands disposed of as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE
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