- 1 - HC-KAR CNR: KAHC010585642026 NC: 2026:KHC:46979 CRL.P No. 13044 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13044 OF 2026 BETWEEN: VENKATESH BABU S/O CHANNAPPA. K, AGED ABOUT 51 YEARS, R/O HANUMANAHALLI VILLAGE, MULABAGILU DISTRICT, KOLAR-563 127. (AS PER AADHAR CARD).. …PETITIONER (BY SRI. GOWRAMMA G N.,ADVOCATE) AND: STATE BY TUMAKURU, BANGARAPET RAILWAY, BANGARAPET, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU 560001. …RESPONDENT (BY SRI.B.N.JAGADEESHA, SPP-I) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ORDER DATED 27.05.2026 AND ALLOW THE APPLICATION FILED BY THE PETITIONER U/S 446(3) OF CRPC PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE AT KOLAR AND ETC. Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010585642026 NC: 2026:KHC:46979 CRL.P No. 13044 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court seeking the following prayer: "WHEREFORE, the petitioner prays before this Hon'ble court that, this Hon'ble court may be pleased to quash the order dated 27.05.2026 and allow the application filed by the Petitioner under Section 446(3) of the Code of Criminal Procedure pending on the file of the learned Prl. District and Sessions Judge at Kolar Grant such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 2. Heard Smt.Gowramma G.N., learned counsel appearing for the petitioner, Smt.Waheeda M.M., learned HCGP appearing for the respondent and have perused the material on record. 3. Learned SPP submits that the petitioner has to prefer an appeal against the order that is challenged. - 3 - HC-KAR CNR: KAHC010585642026 NC: 2026:KHC:46979 CRL.P No. 13044 of 2026 4. A perusal at the statute would clearly indicate that the petitioner's remedy is to file an appeal and not a petition under Section 482 of Cr.P.C. Therefore the petitioner is reserved liberty to file an appeal on the same issue. The Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 71