- 1 - NC: 2025:KHC:5227 CRL.P No. 5344 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5344 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI H M RUDRAKUMAR S/O D MAHESWARAPPA, AGED ABOUT 52 YEARS, BANASHNKARINILAYA, GANDHINAGARA, BANGALORE – 560 009. …PETITIONER (BY SRI. AJITH A SHETTY.,ADVOCATE) AND: SMT GOWRAMMA H R W/O H M RUDRAKUMAR, AGED ABOUT 51 YEARS, R/AT NO.4, KALLESHWARAKRUPA, 12TH CROSS, NEAR NATIONAL PUBLIC SCHOOL, SHIVAPURA, N.G.HALLY, BANGALORE -560 073. …RESPONDENT (BY SRI. R B SADASIVAPPA.,ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE IMPUGNED ORDER DATED 23.04.2024 PASSED BY THE HONBLE LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.936/20232. SET ASIDE THE IMPUGNED ORDER DATED 17.06.2023 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 LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5227 CRL.P No. 5344 of 2024 ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “(i) Set aside the impugned order dated: 23rd April, 2024 passed by the Hon’ble LXI Addl. City Civil and Sessions Judge, Bengaluru in Criminal Appeal No. 936 of 2023; (ii) Set aside the impugned order dated: 17th June, 2023 passed by the Hon’ble Metropolitan Magistrate, Traffic Court III, Bangalore in Criminal Miscellaneous Case NO.23 of 2016, in the interest of justice.” 2. After arguing the matter for sometime, learned counsel for the petitioner submits that prayer(ii) is not being pressed for the present and the liberty may be reserved in favour of the petitioner to take recourse to such remedies as available in law in relation to the prayer(ii) subsequently. It is further submitted that the impugned order dated 23.04.2024 is contrary to the material on record and the same deserves to be quashed. 3. Learned counsel for the respondent submits that there is no merit in the petition and that the same is liable to be dismissed. 4. Though several contentions have been urged by both sides in support of their rival contentions, having regard to the fact - 3 - NC: 2025:KHC:5227 CRL.P No. 5344 of 2024 that the appeal in Crl.A.No.936/2023 is posted before the 1st appellate court on 29.03.2025, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition without interfering with the impugned order dated 23.04.2024 and by directing the 1st appellate court to dispose of the main appeal in Crl.A.No.936/2023 on merits and in accordance with law within a period of two months from 29.03.2025 without being influenced by the findings and observations recorded in the impugned orders passed by the trial court as well as the 1st appellate court. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 5. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 2