- 1 - HC-KAR NC: 2025:KHC:28477 CRL.P No. 7608 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7608 OF 2025 BETWEEN: 1. SRI BYREGOWDA S/O. LATE SEETHE GOWDA, AGED ABOUT 59 YEARS, 2. SRI. MUNIRAJU S/O. LATE SEETHE GOWDA, AGED ABOUT 54 YEARS, 3. SRI. MANJUNATHA S/O. NARAYANASWAMY, AGED ABOUT 43 YEARS, 4. SRI. ASHWATH S/O. NARAYANASWAMY, AGED ABOUT 38 YEARS, ALL ARE RESIDING AT CHIKKAHULLURU VILLAGE, KASBA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562 114. …PETITIONERS (BY SRI. N. THIMMEGOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28477 CRL.P No. 7608 of 2025 HOSAKOTE POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. N. NARAYANASWAMY S/O LATE NANJAPPA, AGED ABOUT 60 YEARS, R/AT DEVANAYAKANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 24.08.2017 COGNIZANCE TAKEN BY THE LEARNED MAGISTRATE AND FURTHER PROCEEDINGS OF THE CHARGE SHEET, FILED BY THE RESPONDENT NO.1, IN C.C.NO.1339/2017, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE, BANGALORE RURAL DISTRICT. 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, petitioners seeks the following relief: "a) Set aside the order dated 24.08.2017 cognizance taken by the learned magistrate, and further proceedings of the Charge sheet, filed by the respondent No.1, in C.C.No.1339/2017, on - 3 - HC-KAR NC: 2025:KHC:28477 CRL.P No. 7608 of 2025 the file of the Principal Civil Judge and JMFC, Hosakote, Bangalore Rural District, in the interest of justice and equity. b) Grant such other relief/s as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity." 2. After arguing the matter for some time, learned counsel for the petitioners submits that the petition may be disposed of as withdrawn, reserving liberty in favour of the petitioners to file a discharge application and seek discharge before the Trial Court. 3. Submission is placed on record. 4. The petition is disposed of as withdrawn, reserving liberty in favour of the petitioners to seek discharge and file a discharge application before the trial court. If such an application is filed by the petitioners, the trial Court shall dispose of the application as expeditiously as possible as well as the main proceedings and pass an appropriate order in accordance with law. Thereafter, the petitioners are also reserved liberty to take recourse to such remedies as are available in law, including approaching this Court subsequently. - 4 - HC-KAR NC: 2025:KHC:28477 CRL.P No. 7608 of 2025 Subject to the aforesaid directions and liberty reserved in favour of the petitioners, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 3 Sl No.: 3 CT: BHK