- 1 - NC: 2025:KHC:8409 WP No. 5273 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5273 OF 2025 (GM-RES) BETWEEN: 1. SHASHANK N S/O LATE N.C NAGARAJAIAH AGED ABOUT 24 YEARS R/AT NAGASHETTYHALLI, KASABA HOBLI MAGADI TALUK RAMANAGARA DISTRICT-565 120. 2. BHARATH M S/O LATE MANJUNATHASWAMY, AGED ABOUT 21 YEARS, S/O LATE N.C NAGARAJAIAH AGED ABOUT 24 YEARS R/AT NAGASHETTYHALLI, KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-565 120. …PETITIONERS (BY SRI. SAMPATH KUMAR A V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MAGADI POLICE STATION RAMANAGARA REP. BY SPP HIGH COURT BUILDING BANGALORE-560 001. 2. POORVIKA C/O MARUTHI AGED ABOUT 30 YEARS R/AT SIDDANAHOSAHALLI DASANAPURA HOBLI BANGALORE NORTH TALUK BENGALURU -562 4162. …RESPONDENTS (BY SRI. THEJESH.P,ADVOCATE HCGP FOR R-1) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8409 WP No. 5273 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 BNSS, PRAYING TO QUASH THE IMPUGNED REMAND IMPUGNED REMAND ORDER DTD. 13.08.2024 PASSED BY PRINCIPAL CIVIL JUDGE AND JMFC, MAGADI IN CONNECTION TO CRIME NO. 213/2024 BY THE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE U/S 103(1) 238 OF BNS (ANNX-A). STRICT AND SESSIONS JUDGE, RAMANAGAR BY MAGADI POLICE.A- THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “1. Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned remand impugned remand order dated 13.08.2024 passed by Principal civil judge and JMFC, Magadi in connection to Crime No. 213/2024 by the respondent police for the offence punishable U/S 103(1), 238 of (ANNEXURE-A) in the interest of Justice and equity. BNS 2. To pass any such order as this Hon'ble court deems fit in so for of Petitioner one concerned in the circumstances of the case in the interest of justice and A Equity.” 2. After arguing the matter for some time, learned counsel for the petitioners submit that the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to - 3 - NC: 2025:KHC:8409 WP No. 5273 of 2025 challenge fresh / new bail application before the trial court which may be directed to consider the same in accordance with law after considering all the contentions urged by the petitioners including the contentions urged in the petition qua the judgments of the Apex Court in the cases of Pankaj Bansal vs. Union of India – (2024) 7 SCC 576; Prabir Purkayastha vs. State (NCT of Delhi) – (2024) 8 SCC 254 and Vihaan Kumar vs. State of Haryana – 2025 INSC 162. The said submission is placed on record. 3. Accordingly, the petition is dismissed as withdrawn reserving liberty in favour of the petitioner to file an application for bail before the trial court. If such an application is filed, the trial court is directed to consider the same and pass appropriate orders in accordance with law including the grounds relating to Article 22 of the Constitution of India and Section 50 of Cr.P.C. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.