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2026 DAILYLAW 38550 (KAR)

SRI GANESAN v. STATE OF KARNATAKA

CRL.P/11099/2026 · 2026-09-01

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010507282026 NC: 2026:KHC:47530 CRL.P No. 11099 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11099 OF 2026 BETWEEN: SRI. GANESAN, AGED ABOUT 35 YEARS, S/O RAMANATHAN, R/AT KUNTHALADI, BHAKTHALURU, NILGIRI DISTRICT, TAMIL NADU- 6430001. …PETITIONER (BY SMT. BINU M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MYSURU RAILWAY P.S., HIGH COURT OF KARNATAKA REP: BY SPP/HCGP. 2. SRI. S. ANANDHA RAJA, AGED ABOUT 60 YEARS, POLITICIAN, S/O SUBBAIYA, R/AT NO.6/219, G4 GANDHINAGAR, SUNDI POST, OVELLI, GUDALORE, THE NILGIRIS, TAMILNADU - 6430001. …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R1) Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010507282026 NC: 2026:KHC:47530 CRL.P No. 11099 of 2026 THIS CRL.P IS FILED U/S.482 CR.PC (FILED U/S 528 BNNS) PRAYING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CC.NO.19/2026 ARISING OUT OF CRIME NO.16/2025 FOR THE OFFENCES P/U/S 118(2) AND SECTION 351(2) OF BNS 2023 BEFORE THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA. 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 the Court seeking the following prayer: "a) Allow this Petition and quash the entire proceedings against the petitioner in C.C.No.19/2026, arising out of Crime No.16/2025 for the offences punishable Under Sections 118(2) and section 351(2) of BNS 2023, before the Hon'ble II Addl. District and Sessions Judge at Mandya. b) To pass such other order or orders deems to fit on the facts and circumstances of the case, in the interest of justice." 2. Heard Sri. Binu M., learned counsel appearing for the petitioner, Smt. Deepthi Alva, learned HCGP appearing for respondent No.1 and have perused the material on record. 3. This Court on 29.08.2026 had passed the following order: - 3 - HC-KAR CNR: KAHC010507282026 NC: 2026:KHC:47530 CRL.P No. 11099 of 2026 "List this matter on 01.09.2026 in the fresh matters list. The concerned Court shall defer its proceedings till the next date of hearing. The warrant hanging on the head of the petitioner also shall remain stayed till the next date. Learned SPP to go through the papers and indicate whether there is any wound certificate as the offence is the one punishable under Section 118(2) of BNS/Section 326 of the IPC." 4. The papers of investigation, particular reference to wound certificate was directed to be perused and the learned HCGP, Smt. Deepthi Alva has placed the original records with regard to the injury that is inflicted upon the complainant on the alleged acts of the accused. 5. Therefore, the petitioner is at liberty to file an application seeking to discharge before the appropriate forum, as his contention is that Section 326 of the IPC would not become applicable in the case at hand and there is no injury that is grievous in nature. The concerned Court shall consider the same and pass the order in accordance with law. 6. Reserving liberty to the petitioner to avail the remedy of filing discharge and further reserving liberty to the - 4 - HC-KAR CNR: KAHC010507282026 NC: 2026:KHC:47530 CRL.P No. 11099 of 2026 petitioner to knock at the doors of this Court, in the event the application seeking discharge would go against him, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE MCR List No.: 2 Sl No.: 26