- 1 - NC: 2025:KHC:2341 CRL.P No. 9279 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9279 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. ANIRUDHA SAMANTARAY @ RAMA SAMANTHRAI, S/O KESHAB SAMANTRY, AGED ABOUT 28 YEARS, OCCUPATION PVT. SERVICE, R/A NO.D-347, 2ND FLOOR, CENTRAL PARK FLOWER VALLEY SHONA, GURGAON, HARYANA-122103 2. BASUDEVSAMANTARAY @ BASUDEVASAMANTHRAI S/O KESHABSAMANTRAY, AGED ABOUT 34 YEARS, OCCUPATION PVT. SERVICE, R/A NO.G 009, PRIME VIVIANNE, L N NARAYANA REDDY LAYOUT MAIN ROAD, VIGNAN NAGAR NEW THIPPASANDRA, BENGALURU-560003 …PETITIONERS (BY SRI. C.H.JADHAV, SENIOR ADVOCATE FOR SRI CHETHAN JADHAV, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 2. LLOYED NEHAMAIAH, (NEW DECEASED) S/O VINAYAKUMAR, AGED ABOUT 53 YEARS, OCCUPATION BUSINESSMAN, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2341 CRL.P No. 9279 of 2023 R/AT NO.16, 1ST A MAIN, RAVI SHANKAR, VIDYA MANDIR VIGNAN NAGAR BANGALORE-560037 …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR R1, VIDE ORDER DATED 19.12.2023 NOTICE TO R2 IS DISPENSED WITH, SRI VENKATESH P.DALWAI, ADVOCATE FOR CW-3) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 04.07.2023 IN C.C.NO.55557/2023 PASSED BY THE LEARNED XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU TAKING COGNIZANCE FOR THE OFFENCE P/U/S.504, 447, 323, 324, 354, 302 R/W SEC.34 OF IPC AND CONSEQUENTLY QUASH THE PROCEEDINGS PENDING AGAINST THE PETITIONERS IN C.C.NO.55557/2023 IN THE COURT OF XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU. 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 petition, the petitioners seek the following reliefs: “a) Call for the relevant records. b) Set aside the order dated 4/7/2023 in CC No.55557/2023, passed by the learned XXIX Additional Chief Metropolitan Magistrate, Bangalore taking cognizance for the offences punishable under Sections 504, 447, 323, 354, 302 r/w 34 of IPC and consequently, quash the proceedings pending against the Petitioners in CC No.55557/2023 in the Court of XXIX Additional Chief Metropolitan Magistrate, Bangalore. - 3 - NC: 2025:KHC:2341 CRL.P No. 9279 of 2023 c) Grant such other relief or reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned Senior counsel for the petitioners, learned HCGP for respondent No.1 and learned counsel for CW-3 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 charges have not been framed by the Trial Court even till today, the petition stands disposed of reserving liberty in favour of the petitioners to seek discharge in C.C.No55557/2023 before the XXIX Additional Chief Metropolitan Magistrate, Bengaluru, by urging all contentions in this regard. All rival contentions are kept open and no opinion is expressed on the same. 4. Subject to the aforesaid observations, directions and liberty, the criminal petitions stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 2 Sl No.: 11