- 1 - HC-KAR NC: 2025:KHC:41809 WP No. 29522 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29522 OF 2025 (GM-RES) BETWEEN: 1. SRI. K S ESHWARAPPA S/O LATE SHARANAPPA, AGED 77 YEARS PRESENTLY RESIDING AT JAYALAXMI NILAYA, 1ST MAIN ROAD, GUNDAPPA SHED, MALLESHWARA LAYOUT, SHIVAMOGGA - 577 201 … PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY JAYANAGARA POLICE STATION, SHIMOGGA DISTRICT-5187205 REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 005. 2. SRI NAVEEN M H POLICE SUB INSPECTOR, FATHERS NAME NOT KNOWN AGED 30 YEARS, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41809 WP No. 29522 of 2025 JAYANAGARA POLICE STATION, SAVALANGA ROAD, SHIMOGGA TOWN, SHIMOGGA DISTRICT - 577 201 … RESPONDENTS (BY SRI. JAGADISH, ADDL. SPP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA 2023/SECTION 482 OF CR.P.C., PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE FIR IN CRIME NO-93/2023 OF JAYANAGARA POLICE STATION, SHIMOGGA, PENDING IN THE FILE OF THE 42ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, (SPECIAL COURT FOR TRIAL OF CASES AGAINST SITTING AS WELL AS FORMER MPs/MLAs, TRIABLE BY MAGISTRATE IN THE STATE OF KARNATAKA) FOR THE OFFENCES PUNISHABLE UNDER SECTION 153 (A) AND 504 OF IPC, PRODUCED AT ANNEXURE A IN SO FAR AS THE PETITIONER IS CONCERNED, HOLDING THAT IT IS AN ABUSE OF PROCESS OF LAW, IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER After hearing the matter for sometime and noticing the prima facie views of this Court, learned counsel for the petitioner submits that the petitioner may be reserved liberty to approach this Court after filing of the charge sheet. - 3 - HC-KAR NC: 2025:KHC:41809 WP No. 29522 of 2025 In light of the above, petition is disposed of without adjudication leaving open all contentions and reserving liberty to the petitioner to approach this Court on subsequent stages as is permissible in law. Sd/- (S SUNIL DUTT YADAV) JUDGE VP