- 1 - HC-KAR CNR: KAHC010161902022 NC: 2026:KHC:47104 WP No. 7452 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 7452 OF 2022 (GM-RES) BETWEEN: MR KRISHNA K G., AGED ABOUT 49 YEARS, S/O GOOLIGOWDA, R/AT NO.1680, 5TH CROSS, 10TH MAIN, BANASHANKARI 2ND STAGE, BANGALORE. …PETITIONER (BY SRI VACHAN GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CENTRAL CRIME BRANCH, N T PET BANGALORE, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. RAJESH S C S/O CHANDRAPPA, AGED ABOUT 53 YEARS, R/AT NO.82/2, "PREMACHANDRA", NANDINI LAYOUT, T NARASIPURA ROAD, MYSORE - 570 010. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; SRI ABHISHEK K., ADVOCATE FOR R2) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010161902022 NC: 2026:KHC:47104 WP No. 7452 of 2022 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.12.2021 PASSED BY THE HONBLE I-ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN CC NO.9020/2012 DISMISSING THE APPLICATION UNDER SECTION 239 OF THE CODE OF CRIMINAL PROCEDURE,1973 FILED BY THE PETITIONER HEREIN ANNEXURE-A. CONSEQUENTLY ALLOW THE APPLICATION UNDER SECTION 239 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (ANNEXURE-K) FILED BY THE PETITIONER AND THEREBY DISCHARGE THE PETITIONER IN CC NO.9020/2012 PENDING ON THE FILE OF THE HONBLE I-ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 01.12.2021 passed by I Addl. Chief Metropolitan Magistrate, Bengaluru in CC no.9020/2012, this petition is filed. 2. Sri Vachan Gowda, learned counsel appearing for Sri Vijetha R. Naik, advocate for petitioner submits that party - 3 - HC-KAR CNR: KAHC010161902022 NC: 2026:KHC:47104 WP No. 7452 of 2022 had taken back file along with No Objection Certificate (NOC) way back in year 2020 and seeks adjournment to file a memo for retirement. 3. Smt.Sowmya R., learned HCGP for respondent no.1 - State however submits that petition is filed challenging order of rejection of application for discharge and meanwhile, matter before trial Court had progressed, charges were framed and trial had commenced, rendering above petition infructuous. 4. In view of above submission and refusing request for adjournment, petition is dismissed as having become infructuous. However, reserving liberty to petitioner to urge all contentions herein before trial Court at appropriate stage. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 41