- 1 - HC-KAR NC: 2025:KHC:25376 CRL.P No. 8280 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8280 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI MUNIRAJU M., S/O LATE MUNIBYRAPPA, AGED ABOUT 63 YEARS, R/O VADERAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DIST. 2. SRI V. M. MUNISHAMAIAH S/O LATE MUNIBYRAPPA, R/O VADERAHALLI VILLAGE, AGED ABOUT 57 YEARS, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DIST. …PETITIONERS (BY SRI. KENDULI S.M., ADVOCATE) AND: SMT. RINKU P. TALREJA D/O PRAKASH G. TALREJA, AGED ABOUT 48 YEARS, R/AT NO 36, III FLOOR, PALACE ORCHID APARTMENT, 6TH A CROSS, 9TH MAIN, RMV EXTENSION, BANGALORE – 560 080 REPTD. BY HER SPA HOLDER MR. S. JAGADISH BHAT, S/O K. SRINIVAS RAO, AGED ABOUT 54 YEARS, RESIDING AT NO 16-B, PEENYA INDUSTRIAL AREA, 1ST PHASE, BANGALORE – 560 058 …RESPONDENT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25376 CRL.P No. 8280 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.1693/2016 FOR THE OFFENCE PUNISHABLE UNDER SECTION 420, 423 OF IPC PENDING ON THE FILE OF THE 1ST ADDL. CIVIL JUDGE AND J.M.F.C AT NELAMANGALA BY ALLOWING THE PETITION. 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, the petitioners seek the following reliefs: “Wherefore, the Petitioners humbly pray that this Hon’ble Court may be pleased to quash the entire proceedings against the Petitioners in C.C.No.1693/2016, for the offence punishable under sections 420 & 423 of IPC pending on the file of 1st Addl. Civil Judge and JMFC at Nelamangala, by allowing the petition, in the interest of justice.” 2. Heard learned counsel for the petitioners and perused the material on record. 3. The petitioners are seeking quashing of the impugned proceedings, earlier approached this Court in Crl.No.13052/2024 dated 22.01.2025, which was disposed of as hereunder: “In this petition, petitioner seeks for the following reliefs: “Wherefore, the petitioners humbly pray that this Hon’ble Court may be pleased to quash the entire proceedings against the Petitioners in C.C.No.1693/2016, (PCR.No.84/2016) for the - 3 - HC-KAR NC: 2025:KHC:25376 CRL.P No. 8280 of 2025 offence punishable under Sections 420 & 423 of IPC pending on the file of 1st Addl. Civil Judge and JMFC at Nelamangala, by allowing the petition, in the interest of justice.” 2. After arguing the matter for some time, learned counsel for the petitioner, on instructions, submits that since the petitioner-accused No.2 and 3 have already filed discharge application on 22.10.2021 and the same is pending before the trial Court as on today, the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to seek discharge and subsequently, approach this Court, if occasion arises. 3. Submission is placed on record. The petition is disposed as withdrawn, reserving liberty in favour of the petitioner to seek discharge before the trial Court. 4. The trial Court shall consider and pass appropriate order on the discharge application filed by the petitioner in accordance with law as expeditiously as possible. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.” 4. Subsequently, though the petitioner had filed an application seeking discharge, the Trial Court appears to have advised him to withdraw the discharge application on the ground that the same can be re-filed after completion of Evidence Before Charge (EBC). Under these circumstances, the petitioner withdrew - 4 - HC-KAR NC: 2025:KHC:25376 CRL.P No. 8280 of 2025 the discharge application and has filed the present petition seeking quashment of the impugned proceedings. 5. Though several contentions have been urged by the petitioner, having regarding to the earlier order of this Court in Crl.P.No.13052/2024 dated 22.01.2025 (supra), I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to file a fresh discharge application, immediately after completion of Evidence Before Charge (EBC) before the Trial Court frames charge. If such an application is filed by the petitioners, the Trial Court shall consider the same and pass appropriate orders, in accordance with law. 6. Subject to the aforesaid liberty reserved in favour of the petitioner, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 71