- 1 - HC-KAR NC: 2026:KHC:23399 WP No. 2413 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO.2413 OF 2026 (GM-CPC) BETWEEN: SHRI. KADYAMADA NANJAPPA S/O LATE KARIAPPA, AGED ABOUT 58 YEARS, RESIDING AT ARUVATHOKLU VILLAGE, VIRAJPET TALUK, KARNATAKA REPRESENTED BY GPA HOLDER SRI. K.N. POOONACHA …PETITIONER (BY SMT. ANISHA SHERREGAR, ADVOCATE FOR SRI. VAMSHI KRISHNA.C., ADVOCATE) AND: 1. SHRI. MANIAPANDA BOPANNA S/O LATE SHRI. HARISH NACHAPPA AGED ABOUT 34 YEARS RESIDING AT ARVATHOKLU VILLAGE, VIRAJPET TALUK, KARNATAKA 2. SHRI. MANIAPANDA SOMANNA S/O LATE SHRI. HARISH NACHAPPA Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23399 WP No. 2413 of 2026 AGED ABOUT 34 YEARS RESIDING AT ARVATHOKLU VILLAGE, VIRAJPET TALUK, KARNATAKA …RESPONDENTS (BY SMT. P.MAHIMA, ADVOCATE FOR SRI. K.S.PONNAPPA, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19/01/2026 PASSED IN OS NO. 38/2019 BY THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, PONNAMPET (ANNEXURE-A) AND THEREBY ALLOW IA NO. XX DATED 06/01/2026 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:23399 WP No. 2413 of 2026 ORAL ORDER Heard Smt. Anisha Sherregar, learned counsel appearing on behalf of Sri C. Vamshi Krishna, learned counsel for the petitioner, and Smt. P. Mahima, learned counsel appearing on behalf of Sri K. S. Ponnappa, learned counsel for the respondents. 2. The present writ petition is filed challenging the order dated 19.01.2026 rejecting the application filed under Section 379 read with Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in O.S. No. 38/2019 on the file of the Senior Civil Judge and JMFC, Virajpet. 3. At the outset, learned counsel appearing for the respondents submits that, against the rejection of an application under Section 379 of the BNSS, a remedy is provided under Section 380 of the BNSS, and therefore, the present writ petition is not maintainable. 4. Though learned counsel for the petitioner sought to persuade this Court that the writ petition is maintainable, this - 4 - HC-KAR NC: 2026:KHC:23399 WP No. 2413 of 2026 Court is not inclined to entertain the same in view of the alternative remedy available under Section 380 of the BNSS. 5. In view of the alternative remedy available under Section 380 of the BNSS, the present writ petition is not maintainable. However, liberty is reserved to the petitioner to avail the remedy available under Section 380 of the BNSS. Accordingly, the writ petition stands dismissed. All contentions are kept open. Sd/- (K. V. ARAVIND) JUDGE SMJ List No.: 1 Sl No.: 3