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2026 DAILYLAW 39082 (KAR)

SRI M D GANAPATHY v. THE STATE OF KARNATAKA

CRL.P/1912/2026 · 2026-09-02

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010089542026 NC: 2026:KHC:47697 CRL.P No. 1912 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1912 OF 2026 BETWEEN: 1. SRI M D GANAPATHY AGED ABOUT 50 YEARS S/O. LATE SRI. M.C. DEVAIAH, R/AT No.80 A, AMMATHI VILLAGE AND POST, VIRAJPET TALUK, KODAGU, 571 218. …PETITIONER (BY SRI. ARUN NACHAPPA K.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH VIRAJPET TOWN P.S., REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU- 560 001 2. SRI. BRIJESH MADAPPA, S/O. SRI. M.M. RATHAN, AGED ABOUT 29 YEARS, R/AT KAVADI VILLAGE AND POST, Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010089542026 NC: 2026:KHC:47697 CRL.P No. 1912 of 2026 VIRAJPET, KODAGU - 571 218. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, SPP-1 FOR R1) THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO ALLOW THIS CRL.P AND QUASH THE FIR AND COMPLAINT IN CR.NO.122/2025 FOR THE OFFENCE P/U/S 351(2), 352, 3(5) OF THE BNS AND SEC.3 AND 25 OF INDIAN ARMS ACT BY THE RESPONDENT POLICE PENDING IN THE FILE OF THE LEARNED PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C VIRAJPET, KODAGU (PRODUCED AT DOCUMENT NO.1 AND 2 RESPECTIVELY). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Arun Nachappa K.K., learned counsel appearing for the petitioner, Sri. B.N. Jagadeesha, learned SPP- I appearing for respondent No.1 and have perused the material on record. - 3 - HC-KAR CNR: KAHC010089542026 NC: 2026:KHC:47697 CRL.P No. 1912 of 2026 2. The petitioner is before the Court, seeking the following prayer: "i. Call for records; Allow this criminal petition and quash the FIR and Complaint in Crime No. 122/2025 for the offences punishable under sections 351(2), 352 and 3(5) of the BNS and sections 3 & 25 of the Indian Arms Act, by the Respondent Police, pending in the file of the learned Prl. Civil Judge (Jr.Dn.) & JMFC, Virajpet, Kodagu (Produced at DOCUMENT NO.1 and 2 respectively). ii. Grant such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice." 3. This Court, owing to the preliminary submission, had passed the following order on 02.03.2026: "ORAL ORDER on I.A.No.1/2026 Learned High Court Government Pleader is directed to accept notice for respondent No.1. Issue emergent notice to respondent No.2. In the meantime, there shall be an interim order of stay of further investigation in crime No.122/2025 pending on the file of Principal Civil Judge (Jr. Dn.) & JMFC, Virajpet, Kodagu, till the next date of hearing." 4. Learned SPP-I would submit that the petitioner is alleged of threatening the witness in the hospital. - 4 - HC-KAR CNR: KAHC010089542026 NC: 2026:KHC:47697 CRL.P No. 1912 of 2026 5. Learned counsel for the petitioner would dispute the same. 6. In that light, investigation must ensue in the case at hand. 7. In the light of the interim order subsisting, no coercive step to be taken against the petitioner, subject to his cooperation with the investigation. He is reserved liberty to re-approach this Court in the event final report is filed and final report would go against him. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 12