- 1 - HC-KAR NC: 2025:KHC:18645 WP No. 15013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15013 OF 2025 (GM-RES) BETWEEN: SRI M VENKATESH S/O LATE VENKATARAMANAPPA, AGED ABOUT 68 YEARS, R/A. BYALAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK – 562 114. …PETITIONER (BY SRI. SUNIL KUMAR S.,ADVOCATE) AND: 1. HARENDRA S/O LATE M M RAMASWAMY, AGED ABOUT 66 YEARS, R/A. M M RAMASWAMY MEDICAL STORE BUILDING, 4TH ‘A’ CROSS, COLLEGE ROAD, M.V. EXTENSION, HOSAKOTE, BENGALURU RURAL DISTRICT, KARNATAKA 562 114. 2. SRI. MANOHARA R R S/O LATE MM RAMASWAMY, AGED ABOUT 69 YEARS, R/A. NAGANAYAKANA KOTE, SAMETHANAHALLI, BENGALURU RURAL DISTRICT, KARNATAKA – 562 114. 3. BHAGATH R M S/O MANOHAR, AGED ABOUT 37 YEARS, R/A. M.M.RAMASWAMY MEDICAL STORE BUILDING, 4TH ‘A’ CROSS, COLLEGE ROAD, M.V. EXTENSION, HOSAKOTE, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18645 WP No. 15013 of 2025 BENGALURU RURAL DISTRICT, KARNATAKA 562 114. 4. PRADEEP KUMAR R H S/O HARENDRA, AGED ABOUT 31 YEARS, R/A. M.M.RAMASWAMY MEDICAL STORE BUILDING, 4TH ‘A’ CROSS, COLLEGE ROAD, M.V. EXTENSION, HOSAKOTE, BENGALURU RURAL DISTRICT, KARNATAKA 562 114. 5. KRANTHI KUMAR R A S/O ANAND, AGED ABOUT 37 YEARS, R/A. RAMASWAMYPALYA VILLAGE, SAMETHANAHALLI VILLAGE, HOSKOTE TALUK, BENGALURU RURAL DISTRICT KARNATAKA – 562 114. 6. BOSE R.A. S/O ANAND, AGED ABOUT 38 YEARS, R/A. RAMASWAMYPALYA VILLAGE, SAMETHANAHALLI VILLAGE, HOSKOTE TALUK, BENGALURU RURAL DISTRICT KARNATAKA – 562 114. …RESPONDENTS THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF THE CPC, PRAYING TO DIRECT THE HONORABLE TRIAL COURT TO CONSIDER THE APPLICATION U/S 301 (2) FILED BY THE PETITIONER AT ANNEXURE-B, WHICH IS NOT PENDING CONSIDERATION IN CC NO. 594/2013 BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT HOSKOTE. ANNEXURE -A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:18645 WP No. 15013 of 2025 ORAL ORDER In this petition, petitioner seeks for the following reliefs: “ A. Direct the Hon’ble Trial Court to consider the Application U/s 301(2) filed by the Petitioner at Annexure - B which is now pending consideration in C.C.No.594/2013 before the Learned Principal Civil Judge & JMFC at Hosakote, Annexure-‘A’. B. Pass such other order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice.” 2. Heard learned counsel for the petitioner and perused the material on record. 3. For the order proposed, the notice of the present petition to respondents is dispensed with. 4. The limited grievance of the petitioner who claims to be a victim in the pending C.C.No.594/2013 is that the application filed by the petitioner under Section 301(2) of Cr.P.C dated 15.04.2019 to which the respondents have filed objections, has not been considered and the present petition may be disposed of directing Trial Court to dispose of the application dated 15.04.2019 filed by - 4 - HC-KAR NC: 2025:KHC:18645 WP No. 15013 of 2025 the petitioner under Section 301(2) of Cr.P.C within a stipulated time frame. 5. The aforesaid submission is placed on record. 6. Accordingly, the petition stands disposed of directing the Trial Court to dispose of the application dated 15.04.2019 filed by the petitioner under Section 301(2) of Cr.P.C after providing sufficient and reasonable opportunity to both the petitioner as well as the respondent within a period of two weeks from 05.06.2025. 7. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 54