- 1 - HC-KAR NC: 2025:KHC:22980 CRL.P No. 8069 of 2025 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. 8069 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI MOUNT BYATON AROGYA SWAMY S/O ABRAHAM, AGED ABOUT 32 YEARS, R/O M. C. HALLI VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT – 577 228 …PETITIONER (BY SRI. SUNIL KUMAR B. N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUPERINTENDENT OF POLICE, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU – 577 229. REP. BY S.P.P. HIGH COURT BUILDING COMPLEX, AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, AND DISTRICT MAGISTRATE, CHIKKAMAGALURU DISTRICT , CHIKKAMAGALURU – 577 228. …RESPONDENTS (BY SRI. B. N. JAGADEESH, ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 29.05.2025 PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, CHIKKAMAGALURU DISTRICT IN J1/M.A.G/(GADIPARU)197/2023-24 FOR THE OFFENCE PUNISHABLE UNDER SECTION 55 OF KARNATAKA POLICE ACT 1963. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22980 CRL.P No. 8069 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petitioner, the petitioner seeks the following reliefs: “a. Set aside the order dated 29.05.2025 passed by the Deputy Commissioner and District Magistrate, Chikkamagaluru District in J1/M.A.G./(GADIPARU)197/ 2023-24 for the offences under section 55 of the Karnataka Police Act, 1963. b. Call for entire records in SMGDC-J1/M.A.G./ (GADIPARU)/197/2023-24 on the file of the Deputy Commissioner and District Magistrate, Chikkamagaluru District and quash the order. c. Pass such other order or orders as this Hon’ble Court deems fit to grant under the facts and circumstances of the case.” 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondents and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the impugned order is passed under Section 55 of the Karnataka Police Act, 1963 (for short “the K.P. Act”), - 3 - HC-KAR NC: 2025:KHC:22980 CRL.P No. 8069 of 2025 which is bailable under Section 59 of the K.P. Act, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition, reserving liberty in favour of the petitioner to file an appeal before the appropriate authority on or before 18.07.2025. It is further directed that till 18.07.2025, the impugned order at Annexure-A dated 29.05.2025 passed by the Deputy Commissioner and District Magistrate, Chikkamagaluru District, shall remain in abeyance, without prejudice to the rights and contentions of both parties. 4. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 21