- 1 - HC-KAR CNR: KAHC010132082025 NC: 2026:KHC:50922 CRL.P No. 2995 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 2995 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SRI GANESH BABU.S S/O S SHANMUGA KANI NADAR AGED ABOUT 53 YEARS R/AT NO. 196/2 CHIKKANNA GARDEN 2ND CROSS SHANKARPURAM CHAMRAJPET BENGALURU 560018 INDICATED IN FIR AS GANESH BABU SRI PATRAKALI AMMAN LORRY SERVICE OFFICE AND GODOWN , SEETHAPATHI AGRAHAR ROAD N T PET, BENGALURU KARNATAKA 560018 …PETITIONER (BY SRI. AMAR CORREA.,ADVOCATE OF ACA JURIS) AND: 1. STATE OF KARNATAKA BY VISHVESHWARAPURAM POLICE BENGALURU 560002 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560001 2. SRI. GANAPATHI S/O VENGI Digitally Signed By: SURAJ GOVINDA RAJ 25/09/2026, 14:16, BENGALURU Verified - 2 - HC-KAR CNR: KAHC010132082025 NC: 2026:KHC:50922 CRL.P No. 2995 of 2025 AGED ABOUT 53 YEARS R/AT NO. O J PETE AVENUE ROAD CROSS RBL BUILDING BENGALURU 560002 …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING SET ASIDE THE ORDER 27.02.2023 PASSED BY THE HONBLE XXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU, IN C.C NO. 3817/2023 (ARISING OUT OF CRIME NO. 0087/2021 OF THE RESPONDENT NO.1 POLICE), THEREBY TAKING COGNIZANCE OF THE O/P/U/S 427, 304, 337, 338 OF IPC, SECTIONS 4(B), 5 OF THE EXPLOSIVE SUBSTANCES ACT, 1908, SECTIONS 9B(1)(B) OF THE EXPLOSIVE ACT AND ISSUING SUMMONS TO THIS PETITIONER VIDE ANNEXURE A (NOW COMMITTED AND PENDING ON THE FILE OF THE HONBLE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-56) IN S.C NO. 867/2023) AND ETC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: 1. Set aside the order 27.02.2023 passed by the Hon'ble XXIV Addl. Chief Metropolitan Magistrate, At Bengaluru, in C.C.No.3817/2023 (arising out No.0087/2021 of the Respondent No.1 Police), thereby taking cognizance of the offence punishable under Sections 427, 304, 337, 338 of IPC, Sections 4(b), 5 of the Explosive Substances Act, 1908, Sections 9B(1)(b) of the Explosive Act and issuing Summons to this Petitioner vide ANNEXURE: 'A' (now committed and pending on the file of the Hon'ble LV Additional City Civil and Digitally Signed By: SURAJ GOVINDA RAJ 25/09/2026, 14:16, BENGALURU Verified - 3 - HC-KAR CNR: KAHC010132082025 NC: 2026:KHC:50922 CRL.P No. 2995 of 2025 Sessions Judge, At Bengaluru (CCH-56) in S.C.No. 867/2023), and; 2. Quash the entire proceedings in S.C.No. 867/2023, pending on the file of the Hon'ble LV Additional City Civil and Sessions Judge, At Bengaluru (CCH-56) (arising out of C.C.No.3817/2023 of the Hon'ble XXIV Addl. Chief Metropolitan Magistrate, At Bengaluru and arising out of Crime No.0087/2021 of the Respondent No.1 Police), against Petitioner who is arrayed as Accused, for the offences punishable under Sections 427, 304, 337, 338 of IPC, Sections 4(b), 5 of the Explosive Substances Act, 1908, Sections 9B(1)(b) of the Explosive Act, vide ANNEXURE: 'A' and; 3. Pass any other order/orders that this Hon'ble Court deems fit in the facts and circumstances of this case, in the interest of justice and equity. 2. A memo dated 17.09.2026 has been filed and signed by the learned counsel for the petitioner, which reads as under; MEMO OF WITHDRAWAL The Petitioner herein intends to avail the remedy of filing a Discharge Application before the court below. Hence, the Petitioner seeks permission to withdraw the present petition, with liberty to pursue the remedy o discharge before the learned Sessions Court. Wherefore, it is most respectfully prayed that this Hon'ble Court may kind be pleased to permit the Petitioner to withdraw the present petition an dispose of the same as 'withdrawn', with liberty to approach this Hon'b Court in the event the need arises in future, in the interest of justice. Digitally Signed By: SURAJ GOVINDA RAJ 25/09/2026, 14:16, BENGALURU Verified - 4 - HC-KAR CNR: KAHC010132082025 NC: 2026:KHC:50922 CRL.P No. 2995 of 2025 3. Accepting the memo, the above petition is dismissed as withdrawn reserving liberty to the petitioner to file a discharge application before the trial Court. 4. In view of dismissal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 38 Digitally Signed By: SURAJ GOVINDA RAJ 25/09/2026, 14:16, BENGALURU Verified