- 1 - HC-KAR CNR: KAHC010239242026 NC: 2026:KHC:45414 CRL.P No. 5258 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5258 OF 2026 BETWEEN: SRI. K. P. SUBBAIAH, TRUSTEE, NEHARU SMARAKA VIDYA KENDRA TRUST (R), AGED ABOUT 82 YEARS, OFFICE AT NSVK SRI. VENKATESHVARA POLYTECHNICS, KARIYAPPANAHALLI, ANEKAL ROAD, BANNERUGHATTA, BENGALURU-560 083. …PETITIONER (BY MS. DISHA D., ADVOCTE FOR SRI. MAHENDRA N., ADVOCATE) AND: 1. SRI. KESHAVAMURTHY, NO. 592, 8TH LINK ROAD, NEW ALANAHALLI LAYOUT, MYSURU - 570 028. 2. THE STATE OF KARNATAKA, BY BANNERGHATTA POLICE, BANNERGHATTA, BENGALURU-560083, REPT. BY STATE PUBLIC PROSECUTOR, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010239242026 NC: 2026:KHC:45414 CRL.P No. 5258 of 2026 HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENTS (BY SRI. S.T. BIKKANNAVAR, ADVOCATE FOR R1, SMT. RASHMI PATEL, HCGP FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO EXERCISE ITS INHERENT POWERS U/S 482 OF THE CRPC AND SET ASIDE THE ORDER DATED 19.01.2026 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC ANEKAL IN CC NO.440/2017 ON THE APPLICATION U/S 311 OF CRPC AND ETC.,. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question the order dated 19.01.2026 passed by the III Addl. Civil Judge and JMFC, Anekal in C.C.No.440/2017, whereby an application filed by the petitioner under Section 311 of Cr.P.C. comes to be rejected. 2. The petitioner is the complainant and the respondent in the accused. The prosecution evidence was closed and the case was posted for recording statement under Section 313 of Cr.P.C. on 29.10.2025. On 22.11.2025, the - 3 - HC-KAR CNR: KAHC010239242026 NC: 2026:KHC:45414 CRL.P No. 5258 of 2026 petitioner files an application under Section 311 of Cr.P.C. The application comes to be answered on 19.01.2026, by then the recording of statement under Section 313 of Cr.P.C. was conclude and the matter was said to be in the stage of arguments. 3. Learned counsel appearing for the respondent - accused submits that all the witnesses in the case at hand have turned hostile including the complainant. Therefore, the trial be directed to be concluded as the issue is of the 2017, which is close to 9 years now. 4. In the light of the proceeding pending before the concerned Court and now at the stage of arguments, there is no question of putting the clock on the score that summons were not issued to the witnesses. 5. Learned counsel for the respondent - accused submits that prosecution was directed to secure the presence of those persons and throughout they have not appeared, as every witness in the case at hand had turned hostile including the complainant. - 4 - HC-KAR CNR: KAHC010239242026 NC: 2026:KHC:45414 CRL.P No. 5258 of 2026 6. In the light of the issue of the year 2017, I deem it appropriate to infuse finality into the proceedings while sustaining the order impugned to conclude the proceedings within an outer limit of three (3) months from the date of receipt of the copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE MCR List No.: 2 Sl No.: 12