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2026 DAILYLAW 25927 (KAR)

SMT. SAROJINI MADHUSUDHAN KUSHE v. MR. SRIRAMALU NAIDU

CRL.P/6703/2026 · 2026-07-03

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33284 CRL.P No. 6703 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6703 OF 2026 BETWEEN: 1. SMT. SAROJINI MADHUSUDHAN KUSHE W/O LATE MADHUSUDHAN D. KUSHE, AGED ABOUT 88 YEARS, RESIDING AT NO.13-10-1270 KRISHNA KUNJ, PVS ROAD, KODIALBAIL, MANGALURU – 575 003. 2. H. VASANTHI D/O LATE NARAYANA RAO, AGED ABOUT 71 YEARS, RESIDING AT NO.13-10-1270 KRISHNA KUNJ, PVS ROAD, NEAR KARNATKA BANK LTD., KODIALBAIL, MANGALURU DAKSHINA KANNADA – 575 003. 3. DEEP RAJ S AMBAT @ DEEPRAJ AMBAT S/O SHASHIRAJ AGED ABOUT 39 YEARS, RESIDING AT RAJ MAHAL NR BABBU SWAMY DAIVASTHANA VENKAPPA SHETTY ROAD, VIJAYANAGAR, ALAPE POST BAJAL, MANGALURU, D.K – 575 007. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33284 CRL.P No. 6703 of 2026 …PETITIONERS (BY SRI SACHIN B.S., ADVOCATE) AND: 1. MR. SRIRAMALU NAIDU, S/O LATE BABU NAIDU, AGED ABOUT 79 YEARS, RESIDING AT RAMA BHAVAN COMPLEX, KODIALBAIL, MANGALURU – 575 003. …RESPONDENT (BY SRI GIRISH BHARADWAJ, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PRIVATE COMPLAINT DATED 16.02.2026 AND THE ENTIRE PROCEEDINGS IN PCR NO.45/2026 PENDING FOR THE ALLEGED OFFENCES P/U/S 356, 356(2), 356(3) AND 3(5) OF THE BNS, 2023, PURSUANT TO THE PRIVATE COMPLAINT FILED BY THE RESPONDENT NO.2. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking to quash the complaint dated 16-02-2026 and entire proceedings in PCR No.45 of 2026 pending on the file of JMFC II Court, Mangaluru. - 3 - HC-KAR NC: 2026:KHC:33284 CRL.P No. 6703 of 2026 2. Heard the learned counsel Sri Sachin B.S., appearing for petitioners and learned counsel Sri Girish Bharadwaj appearing for the respondent. 3. A private complaint comes to be filed by the respondent against the petitioners herein and two others, for offences punishable under Section 356, 356(2), 356(3) and 3(5) of the BNS, 2023 i.e., Sections 499 and 500 of the earlier regime, the IPC. The moment the complaint is registered or even before the ink on the complaint could dry, the petitioners are before this Court calling in question the said proceedings, on the score that it causes grave prejudice to the petitioners. This Court, on 02-06-2026, granted an interim order of stay of further proceedings qua petitioner No.3. 4. The issue is admittedly at a pre-cognizance stage, therefore all the rights would be available to the petitioners to knock at the doors of the appropriate fora, in the event the concerned Court would take cognizance, in accordance with law or contrary to law, as the case would be. - 4 - HC-KAR NC: 2026:KHC:33284 CRL.P No. 6703 of 2026 5. Therefore, reserving such liberty to the petitioners to approach the appropriate forum at a later point in time, keeping all contentions open, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 3 Sl No.: 8