- 1 - HC-KAR NC: 2026:KHC:3878 CRL.P No. 10430 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10430 OF 2025 BETWEEN: CHAITRA W/O MANJUNATHA AGED ABOUT 21 YEARS R/AT NETHAJINAGARA 3RD CROSS, JALAHALLI CROSS BENGALURU -560 013. …PETITIONER (BY SRI SANDEEPA S. H., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HASSAN RURAL P.S. REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001. 2. NAGEGOWDA S/O LATE RAMEGOWDA AGED ABOUT 52 YEARS R/AT NEAR P AND T QUATRESS SHANKARIPURAM, HASSAN TOWN HASSAN – 573 201. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3878 CRL.P No. 10430 of 2025 THIS CRL.P FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE ORDER DTD 30.06.2025 PASSED IN S.C.NO.255/2023 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, AT HASSAN, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner – accused No.13 is before this Court calling in question an order dated 30.06.2025 passed in S.C.No.255/2023, by the II Additional District and Sessions Judge, Hassan. 2. Heard Sri Sandeepa S.H., learned counsel for petitioner and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1. 3. The petitioner gets embroiled in a crime in Crime No.194/2023, of an alleged incident happened on 09.08.2023. The issue in the lis is not with regard to the merit of the matter. The police after investigation filed a charge sheet on 08.11.2023 and the concerned Court takes cognizance of the offence under Section 302 of the IPC on 13.12.2023. The - 3 - HC-KAR NC: 2026:KHC:3878 CRL.P No. 10430 of 2025 concerned Court then commits the matter to the Court of Sessions. The petitioner files an application seeking his discharge from the array of accused invoking Section 227 of the Cr.P.C. The concerned Sessions Court erroneously rejects the discharge application on the score that it is filed beyond limitation, while Section 227 of the Cr.P.C. does not in any way depict any limitation for filing of a discharge application. If it was an inordinate unreasonable delay, it would have been a different circumstance, but the application seeking discharge is filed within a reasonable time, though in the light of the statute not prescribing any time limit. The order of the concerned Sessions Court on the face of it, is erroneous. In that light, the order is rendered unsustainable. The unsustainability of it, would lead to its obliteration. 4. For the aforesaid reasons, the following: ORDER. a. The criminal petition is allowed. b. The order dated 30.06.2026, passed in S.C.No.255/2023, by the II Additional District and Sessions Judge, Hassan, stands quashed. - 4 - HC-KAR NC: 2026:KHC:3878 CRL.P No. 10430 of 2025 c. The matter is remitted back to the hands of the Court of Sessions to consider the application seeking discharge of the petitioner on its merit, afresh and pass necessary orders in accordance with law, and regulate its procedure thereafter. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 1 CT:SS