- 1 - HC-KAR CNR: KAHC010297962024 NC: 2026:KHC:50876 WP No. 14299 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO.14299 OF 2024 (GM-RES) BETWEEN: 1. SRI. M. BABANNA S/O LATE P. MUNIVENKATAPPA AGED ABOUT 56 YEARS R/AT NO.1, 1ST MAIN ROAD 7TH CROSS, N.S. PALYA B.T.M. 2ND STAGE BANNERGHATTA ROAD BENGALURU-560076. 2. SRI. M. JAGANNATH S/O LATE P. MUNIVENKATAPPA AGED ABOUT 54 YEARS R/AT NO.130, 7TH MAIN ROAD V BLOCK, JAYANAGARA BENGALURU -560041. …PETITIONERS (BY SRI. L.M. CHIDANANDAYYA, ADV.,) AND: 1. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER MICO LAYOUT POLICE STATION BENGALURU-560076 REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA. 2. MRS. PREMA W/O T. MONOHARAN Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010297962024 NC: 2026:KHC:50876 WP No. 14299 of 2024 AGED ABOUT 50 YEARS R/AT 115, 1ST CROSS, 1ST MAIN NAINAPPA SHETTY PALYA (N.S. PALYA) BANNERGHATTA ROAD BENGALURU-560052. ALSO AT NO.49 BTM II STAGE, N.S. PALYA 4TH MAIN, 13TH A CROSS BANGALORE-560076. …RESPONDENTS (BY SMT. WAHEEDA M.M. HCGP FOR R1/STATE SRI. M.R. NARAYAN, ADV., FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING THE ORDER AT ANNEXURE-A DATED 17/11/2018 PASSED BY THE VITH ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN CC NO.30473/2018, TAKING COGNIZANCE OF THE OFFENCES UNDER SECTIONS 323, 324, 427, 506, 504 READ WITH SECTION 34 OF THE INDIAN PENAL CODE & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010297962024 NC: 2026:KHC:50876 WP No. 14299 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard the learned counsel appearing for parties. 2. Even though the petition prayer is altogether different, during hearing this Court has taken note of the order dated 01.04.2024 passed in C.C.No.30473/2018 on the file of the CMM Court, Bengaluru, which reads as under: “A1 and A2 present. Heard. No grounds made out to discharge the accused. Charges framed, rad over and they pleaded not guilty and claimed to be tried. Issue SS to CW.1 to 4 by 07-06-2024.” 3. The main grievance of the petitioners, though not urged in the petition and made a proper prayer in the petition, is that the learned trial Judge, without affording an opportunity for the petitioners to file an application for discharge, has proceeded to frame charge while disposing of the application filed under Section 205 of Cr.P.C. seeking permanent exemption. - 4 - HC-KAR CNR: KAHC010297962024 NC: 2026:KHC:50876 WP No. 14299 of 2024 4. On careful reading of the above order, this Court finds sufficient force in the arguments addressed on behalf of the petitioners that there is a procedural error which has ultimately affects the right of the petitioners in not affording an opportunity to file a discharge application. 5. Therefore, the order dated 01.04.2024 needs to be set aside and an opportunity needs to be provided for the petitioners to file a discharge application, which can be decided on merits in accordance with law. 6. At this stage, Sri.M.R.Narayan, learned counsel for the respondent No.2 would submit that the matter itself is of the year 2018 and therefore, some time frame may be fixed for consideration of the discharge application. Sri.M.R.Narayan, learned counsel for the respondent No.2 would also bring it to the notice of this Court that there is a counter case filed, therefore, whether can there be a discharge at all in a matter of this nature and therefore, it is a futile exercise. - 5 - HC-KAR CNR: KAHC010297962024 NC: 2026:KHC:50876 WP No. 14299 of 2024 7. Seeking discharge by filing necessary application in a warrant trial is a valuable right of an accused which cannot be curtailed by the trial Magistrate without affording an opportunity. 8. Whether at all an accused is to be discharged or not, especially when a counter case is filed, is a matter that is to be adjudicated by the trial Magistrate in accordance with law including following the principles of law enunciated by the Full Bench of this Court in the case of State of Karnataka, by Circle Inspector of Police vs. Hosakeri Ningappa and Another reported in ILR 2012 KAR 509. 9. Thus, for the limited purpose of filing a discharge application by the petitioners and addressing the arguments on the said application, of course, with suitable opportunity for the respondent No.2 to oppose the said application, petition needs to be allowed and matter needs to be remitted to the trial Court. 10. Hence, the following: - 6 - HC-KAR CNR: KAHC010297962024 NC: 2026:KHC:50876 WP No. 14299 of 2024 ORDER i. Petition is allowed. ii. The order dated 01.04.2024 passed in C.C.No.30473/2018 on the file of the Chief Metropolitan Magistrate, Bengaluru, though not called in question in the writ petition, since it is detrimental to the interest of the petitioners, is hereby set aside. Matter remitted to the trial Court. iii. Parties shall appear positively before the trial Magistrate on 05.10.2026, irrespective of the next date of hearing, by filing necessary application before trial Magistrate. iv. Thereafter, learned trial Magistrate shall permit the petitioners herein, who are accused Nos.1 and 2, to file discharge application which shall be filed on or before 12.10.2026 and thereafter, entertaining the objections of the respondent No.2, dispose of the said - 7 - HC-KAR CNR: KAHC010297962024 NC: 2026:KHC:50876 WP No. 14299 of 2024 application on or before 10.11.2026 positively in accordance with law and proceed with the trial. Sd/- (V SRISHANANDA) JUDGE BSR List No.: 1 Sl No.: 100