- 1 - HC-KAR CNR: KAHC010581652026 NC: 2026:KHC:51640 CRL.P No. 12939 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 12939 OF 2026 BETWEEN: M SUBBANNA BHAT, S/O MARIYAPPA BHAT, AGED ABOUT 61 YEARS, R/A NO.3-103, MANJANA BAILU MANE, BADAGA MIJARU, KALLA MUNKOORU POST, KAILAMUNDKOORU, KUDRIPADAVU, MANGALORE, D.K DISTRICT - 574227 …PETITIONER (BY SRI M R BALAKRISHNA.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY MINES AND GEOLOGY DEPARTMENT, MANGALORE, D.K., DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001. 2. SATHYABAMA B V B, D/O LATE BP BARIKAR, AGED ABOUT 50 YEARS, GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, MANGALORE, D.K., DISTRICT - 575001. …RESPONDENTS (BY SRI NAGHARISH G S, HCGP FOR R1) Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010581652026 NC: 2026:KHC:51640 CRL.P No. 12939 of 2026 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.12/2025, FOR THE OFFENCES P/U/S 4,4(1A),3(1),42(1),43,21 AND RULE 44 OF MMRD ACT, 1957, PENDING BEFORE THE HONBLE CIVIL JUDGE AND JMFC, MOODABIDRI, D.K., INITIATED BASED ON THE PRIVATE COMPLAINT FILED BY THE 2nd RESPONDENT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel for the petitioner and learned High Court Government Pleader on behalf of respondent No.1. 2. The petitioner is assailing the order taking cognizance on the ground that proviso under Section 223(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 is not complied. 3. The Court is of the view that this order can be assailed before the jurisdictional Sessions Court. 4. Hence, without entering into the merits of the matter, the Criminal Petition is disposed of. Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010581652026 NC: 2026:KHC:51640 CRL.P No. 12939 of 2026 5. The time spent in prosecuting this petition from 18.08.2026 till date has to be excluded while computing the limitation, if any. 6. It is made clear that this Court has not expressed anything on the merits of the matter. (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 12 Digitally Signed by ANANT RAMNATH HEGDE