- 1 - HC-KAR NC: 2025:KHC:22576 CRL.P No. 4923 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4923 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI CHOKKAREDDY, S/O. LATE BACHAREDDY, AGED ABOUT 45 YEARS, R/AT NO. 204, 2ND FLOOR, AMAR TOWERS, 1ST CROSS, 1ST MAIN, GANDHI NAGAR, BENGALURU – 560 009. …PETITIONER (BY SRI. VIGHNESHWARA S. SHASTRY, SENIOR COUNSEL FOR SRI. RAVIKUMAR M., ADVOCATE) AND: STATE BY THE HIGH GROUNDS POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. …RESPONDENT (BY SRI. B. N. JAGADEESHA, ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER ANNEXURE-A DATED 08.04.2024 PASSED BY LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDE AT BENGALURU (CCH-64) IN CRL.RP.NO.653/2023 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 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22576 CRL.P No. 4923 of 2024 ORAL ORDER In this petition, the petitioner seeks the following reliefs: a. Call for records from the appellate court - LXIII Additional city civil & sessions judge at Bengaluru (CCH-64) in Criminal Revision Petition No.653/2023. b. Call for records from the trial court-VIII Additional chief Metropolitan Magistrate at Bengaluru in C.C.No.20735 /2013. (Now transferred to 1st ACMM, Bengaluru) c. To set aside the impugned order -Annexure-A dated: 08- 04-2024, passed by LXIII Additional city civil & sessions judge at Bengaluru (CCH-64) in Criminal Revision Petition No.653/2023. d. To set aside the impugned order Annexure-B dated: 08- 09-2023, passed by 8th Additional chief Metropolitan Magistrate at Bengaluru (Now transferred to 1st ACMM, Bengaluru) in C.C.No.20735/2013 by dismissing the application filed by the petitioner under section 239 of Cr.P.C for discharged the offence punishable under section 389, 469, 506, 120(B), 193, 420 R/w section 511 & 34 of IPC Act, by allowing the criminal petition. e. To grant such other relief or reliefs deems fit under the facts and circumstances of the case, by allowing this appeal. 2. Heard learned Senior counsel for the petitioner and learned Additional State Public Prosecutor for the respondent and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:22576 CRL.P No. 4923 of 2024 3. The de-facto complainant, who is also a practicing Lawyer is physically present before the Court. Learned Senior counsel has filed an affidavit of the petitioner, which reads as under: “AFFIDAVIT I. Sri.Chokkareddy, S/o Late Bachareddy, Aged about 45 years, R/at No.204, 2nd Floor, Amar Towers, 1st Cross, 1st Main, Gandhi Nagar, Bengaluru-560 009, do hereby solemnly affirm and state oath as follows: 1. I state that, I am the petitioner in the above petition and I know the facts of the case. 2. I state that, I sincerely apologize to the complainant namely Sri. Phaniraj Kashyap for the incident contained in the complaint on 29.07.2013 filed by him and also apologize for the factually incorrect affidavit filed by me in the Writ petition No.35427/2013. Hence this affidavit. I, deponent do hereby declare that, what is stated above is true and correct to the best of my knowledge, information and belief.” 4. The de-facto complainant referred to supra submits that in view of the affidavit filed by the petitioner tendering - 4 - HC-KAR NC: 2025:KHC:22576 CRL.P No. 4923 of 2024 unconditional apology to him, the impugned proceedings may be quashed insofar as the petitioner is concerned. 5. In view of the aforesaid facts and circumstances and submission of the de-facto complainant accepting the apology of accused, I deem it just and appropriate to set aside the impugned orders passed by the concerned Trial Courts by allowing the petition. 6. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned order at Annexure-A dated 08.04.2025 passed in Criminal Revision Petition No.653/2023 by the LXIII Additional City Civil and Sessions Judge, Bengaluru is set aside; so also, the impugned order at Annexure-B dated 08.09.2023 passed in C.C.No.20735/2013 passed by 8th Additional chief Metropolitan Magistrate at Bengaluru (Now transferred to 1st ACMM, Bengaluru) is also hereby set aside. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 3 Sl No.: 1