- 1 - HC-KAR NC: 2025:KHC-K:6424 CRL.P No. 201502 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201502 OF 2025 BETWEEN: SMT. CHAITRA W/O LATE AMITHKUMAR MANAJI AGE 32 YEARS, OCC: HOME MAKER R/ H NO.412, NEARS JWALAMUKU MANDIR, UTANHALLI MYSURU - 571 311, NOW R/O NO.236, 15TH MAIN 25TH CROSS, NEAR POLICE BOOTH J.P. NAGAR, MYSURU - 571 311. …PETITIONER (BY SRI NANDKISHORE BOOB, ADV.) AND: THE STATE OF KARNATAKA THROUGH JANWAD P.S. BIDAR. …RESPONDENT (BY SMT. ANITHA REDDYM, HCGP) THIS CRL.P FILED U/S.482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO, a) SET ASIDE ORDER DATED 17.7.2025 PASSED IN SC NO. 37/2024 BY THE PRL DISTRICT AND SESSIONS JUDGE BIDAR, AND DIRECT TO CONSIDER DISCHARGE APPLICATION DATED 17.09.2025 FILED BY THE PETITIONER AND TO PASS ORDER ON MERITS BY HEARING BOTH SIDES WHICH IS PENDING ON THE FILE OF HONOURABLE PRINCIPAL DISTRICT AND SESSIONS JUDGE BIDAR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:6424 CRL.P No. 201502 of 2025 CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.5 is before this Court in this petition filed under Section 528 of BNSS, 2023 read with Section 482 of Cr.P.C. with a prayer to set-aside the order dated 17.09.2025 passed in SC No.37/2024 insofar as it relates to dismissing the application filed by the petitioner herein under Section 250 of BNSS, 2023, seeking her discharge in SC No.37/2024, which arises out of Crime No.145/2023 registered by Janwada Police Station, Bidar, for the offences punishable under Sections 302, 201, 307, 109, 114, 120B and 149 of IPC. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent-State. 3. Facts leading to filing of this petition narrated briefly are, petitioner herein has been charge sheeted in Crime No.145/2023 by Janwada Police Station, Bidar, for the aforesaid offences and she is arrayed as accused No.5 in the charge sheet. After the case was committed to the jurisdictional - 3 - HC-KAR NC: 2025:KHC-K:6424 CRL.P No. 201502 of 2025 Sessions Court, cognizance has been taken for the charge sheeted offences against the accused named in the charge sheet filed in Crime No.145/2023 and the case is now pending before the jurisdictional Sessions Court in SC No.37/2024. In the said case, an application under Section 250 of BNSS, 2023 read with Section 227 of Cr.P.C. was filed on behalf of the petitioner and the learned Sessions Judge had dismissed the said application for non-prosecution vide the order dated 17.07.2025. Thereafter, petitioner has engaged services of another Advocate and had filed a fresh application under Section 250 of BNSS, 2023 read with Section 227 of Cr.P.C. seeking her discharge in SC No.37/2024. The said application was dismissed with costs vide the order impugned dated 17.09.2025 and being aggrieved by the same, petitioner is before this Court. 4. Petitioner is a lady, aged about 32 years and her first application which was filed under Section 250 of BNSS, 2023 read with Section 227 of Cr.P.C. seeking her discharge in SC No.37/2024 was dismissed for non-prosecution by the learned Sessions Judge with cost of Rs.2,000/- by order dated - 4 - HC-KAR NC: 2025:KHC-K:6424 CRL.P No. 201502 of 2025 17.07.2025. It appears that subsequently, accused No.5 has engaged the services of another Advocate and on, 17.09.2025, the said Advocate had filed vakalath on behalf of accused No.5 and also had filed a fresh application under Section 250 of BNSS, 2023 read with Section 227 of Cr.P.C. seeking her discharge in SC No.37/2024. The Trial Court for the reason that the earlier application filed by the petitioner seeking the very same relief was dismissed on 17.07.2025, has rejected the subsequent application filed on behalf of the petitioner seeking her discharge with cost of Rs.10,000/- payable to DLSA, Bidar. 5. A reading of the order dated 17.07.2025 under which the earlier application filed on behalf of the petitioner seeking her discharge was dismissed would go to show that the said application was dismissed by the learned Sessions Judge for non-prosecution and no finding has been recorded on the said application on merits. When an application is dismissed for non- prosecution, it does not preclude the party, who had filed the said application to file a fresh application seeking the very same relief which was sought in the application which was dismissed for non-prosecution. The learned Sessions Judge has - 5 - HC-KAR NC: 2025:KHC-K:6424 CRL.P No. 201502 of 2025 failed to appreciate this aspect of the matter and has erred in passing the impugned order. The remedy to seek discharge in a criminal case touches upon the rights of the parties and whenever such an application is filed, the Courts are required to apply their mind and dispose off the same on merits. In the present case, undisputedly, earlier application filed on behalf of the petitioner was dismissed for non-prosecution and therefore, the Trial Court was not justified in passing the impugned order. Accordingly, the following order:- 6. The petition is allowed. The order impugned dated 17.09.2025 insofar as it relates to dismissing the application filed on behalf of the petitioner under Section 250 of BNSS, 2023 read with Section 227 of Cr.P.C. seeking her discharge in SC No.37/2024 with costs, is set-aside and the Trial Court is directed to consider the said application afresh on merits after hearing both the parties. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN