- 1 - HC-KAR NC: 2025:KHC-D:13462 WP No. 107135 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 107135 OF 2025 (GM-RES) BETWEEN: APPA RAO S/O PALLAYYA, AGED ABOUT 55 YEARS, RESIDING AT: 5TH WARD, NEAR MADIBASAVESHWARA TEMPLE, TQ. RAMASAGAR , DIST. VIJAYANAGAR, PIN-583 131. … PETITIONER (BY SRI. PAVAN SAGAR, SMT. PRIYANKA H. PAWAR AND SMT. SOUBHAGYA S. VAKKUND, ADVOCATES) AND: 1. STATE OF KARNATAKA, REPRESENTED BY KAMALAPUR POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. RAVI P. S/O RAMAKRISHNA RAO P., AGED 48 YEARS, RESIDING AT: KAJAGUDA, GREEN GRASS APARTMENT, HYDERABAD, TELANGANA-580 032. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS, 2023, PRAYING TO CALL FOR RELEVANT RECORDS IN C.C. NO.330/2025 AND ISSUE WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 06.08.2025 PASSED IN CRIME NO.52/2025 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, HOSAPETE (VIJAYANAGAR) THEREBY TAKING COGNIZANCE AGAINST THE PETITIONER HEREIN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2) AND 351(2) OF BNS, 2023 (PRODUCED VIDE ANNEXURE ‘A’ TO THE PETITION) AND QUASH THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS IN C.C. NO.330/2025 CRIME NO.52/2025 PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (SR. DIVISION) AND JMFC AT HOSPETE, VIJAYANAGAR (PRODUCED VIDE ANNEXURE ‘B’ TO THE PETITION). RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13462 WP No. 107135 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel for the petitioner submits that petition may be dismissed as withdrawn with liberty to the petitioner to file an application seeking discharge before the Trial Court. 2. The submission made by learned counsel for the petitioner is placed on record. Petition is dismissed as withdrawn with liberty as prayed for. 3. All contentions urged are left open. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN CT:BCK LIST NO.: 1 SL NO.: 80